Publications
Rain water pouring from a roof gutter onto the ground is "surface water" and subject to a policy's flood and surface water exclusion.
A flood and surface water exclusion precluded a school from receiving coverage for water damage to a gymnasium when rain water poured from a roof gutter and onto the ground.
Case Law Alerts, 3rd Quarter 2013
For purposes of an exception to a vacancy exclusion, "renovation" is an issue of fact where rental property repairs continue over a period of years and additional damage from theft occurs in the process.
The insured's rental property suffered water damage when water pipes burst at an unoccupied multi-unit dwelling.
Case Law Alerts, 3rd Quarter 2013
A chip in tile flooring caused by a dropped hammer is not a covered loss pursuant to the "marring" exclusion.
An insured dropped a hammer on his tile floor, causing a quarter-sized chip in the tile.
Case Law Alerts, 3rd Quarter 2013
Appraisal award constitutes a determination of liability as a condition precedent to bringing a bad faith action under Florida Statute 624.155.
The insured's home sustained sinkhole damage, and he filed a claim with State Farm when he disagreed with State Farm's damages estimate.
Case Law Alerts, 3rd Quarter 2013
Dismissal of negligence action in small claims court precludes insurer from seeking subrogation in trial court.
The insured brought small claims action against Feldman Plumbing for damages sustained to their dwelling. The court dismissed the action because the insured failed to meet his burden of proving that Feldman Plumbing acted negligently.
Case Law Alerts, 3rd Quarter 2013
Forgery and alteration endorsement allows coverage despite false pretense exclusion in the main policy.
The plaintiff/insured, a law firm, was the victim of a scam resulting in a $176,750 loss. The insured accepted what appeared to be a cashier's check for a down payment for services.
Case Law Alerts, 3rd Quarter 2013
Plaintiff's First Amendment rights were not violated during her arrest because her hostile and confrontational language, although protected, was in conjunction with her aggressive and confrontational behavior.
The plaintiff's retaliation claim under the First Amendment failed as a matter of law as the record supported the district court's conclusion that it was the plaintiff's "aggressive and confrontational behavior," not her &quo
Case Law Alerts, 3rd Quarter 2013
SWAT team's detention of the plaintiff for a short period of time was reasonable under the circumstances and did not amount to a constitutional violation.
The plaintiff brought an action pursuant to 42 U.S.C.S.
Case Law Alerts, 3rd Quarter 2013
Third Circuit upholds “one gun law.”
The Third Circuit confirmed that prohibiting the sale of more than one firearm per month to any one individual did not violate that individual’s due process rights, nor did it violate any federal laws.
Case Law Alerts, 3rd Quarter 2013
Plaintiff must point to a specific policy, custom or decision to sustain a Section 1983 failure-to-train claim.
The court dismissed the plaintiff’s Section 1983 failure-to-train claim against the New Jersey State Police Colonel Fuentes because the plaintiff could not point to any specific official policy, custom or decision that resulted in racial pro
Case Law Alerts, 3rd Quarter 2013