Publications
Automobile insurance policies providing excess coverage for insureds and their relatives who live with them do not violate Delaware’s mandatory-minimum coverage statute or public policy.
The plaintiff was helping his father-in-law trim branches on his in-laws’ property. The father-in-law improperly used his automobile in the course of their work together, causing the plaintiff to sustain injuries.
Case Law Alerts, 1st Quarter, January 2016
An automobile policy that limits uninsured motorist coverage to certain classes of employees is not ambiguous and not contrary to public policy.
The plaintiff was killed by an uninsured driver while driving a car belonging to his employer.
Case Law Alerts, 1st Quarter, January 2016
If an insured acquires an automobile policy by fraud, the policy as it relates to the insured can be voided; however, the insurer remains liable to innocent third parties for the contracted coverage amount.
The defendant applied for a basic coverage automobile insurance policy with an optional $10,000 coverage limit for third-party bodily injury liability.
Case Law Alerts, 1st Quarter, January 2016
Pennsylvania Superior Court holds valet service owes no duty to an allegedly intoxicated patron in wrongful death and survival action.
The Pennsylvania Superior Court affirmed summary judgment in this Luzerne County wrongful death and survival action brought by the appellant, Faye Moranko, the administrator of the estate of her son, Richard Moranko, who was killed in an automobil
Case Law Alerts, 1st Quarter, January 2016
New York Appellate Court upholds non-jury trial award and subsequent modification to decision regarding apportionment of liability.
The New York Appellate Division, Second Department, recently upheld a February 11, 2013, non-jury trial award to the plaintiff, Corey Epstein, and an April 4, 2013, order modifying the decision as to apportionment of liability in a dram shop and n
Case Law Alerts, 1st Quarter, January 2016
Complaint seeking exoneration from or limitation of liability denied where petitioner was on board a recreational vessel and personally participated in negligent act of overloading said vessel.
On November 6, 2015, the United States District Court for the Eastern District of New York denied the petitioner’s complaint seeking exoneration from or limitation of liability for the July 4, 2012, capsizing of his recreational vessel, the
Case Law Alerts, 1st Quarter, January 2016
Sixth Circuit vacates District Court’s finding of replacement value for lost goods under Master Transportation Service Agreement for its failure to meet Carmack Amendment requirement of shipper’s consent to limitation of liability.
In November 2015, the United States Court of Appeals for the Sixth Circuit remanded a case for further determination by the District Court for the Southern District of Ohio on the issue of carrier liability. The case is somewhat complex in t
Case Law Alerts, 1st Quarter, January 2016
New Jersey Appellate Division confirms that condominium associations are not liable in simple negligence as to condominium owners.
The New Jersey Appellate Division, in an unpublished opinion, affirmed the trial court’s order granting summary judgment in which it held that a condominium association is not liable for simple negligence as to condominium owners in connecti
Case Law Alerts, 1st Quarter, January 2016
New Jersey Appellate Division finds that the lease is controlling in landlord-tenant sidewalk liability dispute.
In an unpublished opinion, the Appellate Division held in favor of a commercial tenant against a landlord in a case arising from a trip and fall on an allegedly defective sidewalk.
Case Law Alerts, 1st Quarter, January 2016
New Jersey Appellate Division finds that plaintiff’s lack of specificity as to causation does not entitle the defendant to summary judgment.
The New Jersey Appellate Division, in an unpublished decision, reversed the order of the Atlantic County trial court’s order granting the defendants’ motion for summary judgment.
Case Law Alerts, 1st Quarter, January 2016