Publications
NJ Appellate Division addresses applicability of arbitration provisions in two separate decisions involving amusement parks.
First, in Matullo v. Skyzone Trampoline Park, the New Jersey appellate division addressed whether an arbitration provision contained in a participation agreement signed by a 15-year-old was enforceable.
Case Law Alerts, 3rd Quarter, July
PA Superior Court determines the “regular use” exclusion is unenforceable.
The plaintiff, a police detective, was driving a police car owned by his employer at the time of the incident. The plaintiff owned three personal vehicles on two insurance policies through Erie Insurance.
Case Law Alerts, 3rd Quarter, July
NY Supreme Court Appellate Division explains that failure to pay policy limits by insurance company does not constitute bad faith.
After the plaintiff was hit by a vehicle while crossing the street, she filed an action against the tortfeasor and settled the matter for the $25,000 policy limits.
Case Law Alerts, 3rd Quarter, July
DE Superior Court determines that insurance company must indemnify defendant based on MCS-90B.
This is a coverage matter based on an automobile liability case. The underlying automobile case involved the transportation of wedding guests in a “Jolly Trolley” that resulted in a crash, leading to severe injuries for many of the passengers.
Case Law Alerts, 3rd Quarter, July
FL Supreme Court amends Florida Rule of Civil Procedure 1.442 to exclude non-monetary terms.
On its own motion, the Florida Supreme Court amended the Proposal for Settlement Rule to conform with the substantive elements of Florida’s settlement proposal statute, Section 768.79, Florida Statutes (2021).
Case Law Alerts, 3rd Quarter, July
FL District Court finds that signature and “penalties of perjury” language sufficed to meet requirements of disclosure statute.
The trial court held that, as a matter of law, there was no pre-suit settlement agreement between the insurance carrier and its insured, the plaintiff Giordano, as the claims manager who prepared the 627.4137 insurance limits disclosure did not ha
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
DE court clarifies that physical injury is required and mere physiological responses are not enough.
The plaintiffs brought a wrongful death action against the defendant resulting from a car accident in which the decedents were killed simultaneously.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Producing hospital bills, alone, does not satisfy discovery requirements of Rule 9.
The defendant filed a motion to compel the plaintiff’s responses to the defendant’s Rule 9(g) request and other discovery requests.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
NY Court of Appeals held that claims asserting violation of workplace safety statutes does not impose non-delegable duty to the owner.
The plaintiff, an employee of Skanska, was struck by a power buggy while operating a rebar-bending machine. A worker who was not trained to operate the buggy drove it a short way before losing control and crashing into the plaintiff.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole