Publications
Case Law Alerts - 2023 to Present
Case Law Alerts, 1st Quarter, January 2026
Third Circuit Affirms Insurer’s Waiver of Household Vehicle Exclusion in UIM Benefits Dispute
The defendant, Progressive Specialty Insurance Co., challenged the District Court's orders denying (1) its motion for leave to amend its affirmative defenses, (2) its motion for leave to file a second summary judgment motion, and
Prospective vs. Retroactive Application of Statutes: The New Jersey Insurance Fair Conduct Act (IFCA)
The plaintiffs, Jennifer and Craig Burden, appealed from a law division order denying their motion to lift the stay and file an amended complaint and an order denying their motion for reconsideration.
Triable Issue of Fact Raised Under Insurance Law § 5102(d) Overturns Motion for Summary Judgment
In an action to recover damages for personal injuries, the plaintiff appealed from an order of the Kings County Supreme Court.
Order Compelling Physical Examination is Not a Provisional Remedy as Patient-Physician Privilege is Not Implicated
This case arises out of a motor vehicle collision, in which defendant-appellee, Kelly Gray, drove her vehicle into the rear of Barker's vehicle.
Claim for Bad Faith Against Insurance Company Dismissed When a Reasonable Basis for Denying Payment Exists
On March 15, 2025, Sekle Wisseh was struck and injured by another car while at a red light in Philadelphia.
Pennsylvania Superior Court Refines Co-Employee Immunity
In this matter, the plaintiff was seriously injured while operating a skid steer.
Linking Riders, Not Liability: Limits on Duty for Rideshare Platforms
In Cooper, the Second District Court of Appeals addressed whether a transportation network company (TNC) owes a duty of care to a driver harmed while using its platform.
Court of Appeals Narrows “Arising Out of Performance of Work” Standard
In Dibrino v. Rockefeller Center North, Inc., (2025 N.Y. Slip Op 070077, December 18. 2025), the plaintiff-carpenter was injured while using an electrical subcontractor’s ladder at the worksite.
Second Circuit Narrows Insurers’ Ability to Deny No‑Fault Claims Based on Provider Misconduct
This dispute centered on GEICO’s attempt to recover millions of dollars in New York no-fault reimbursements from acupuncture and chiropractic clinics that allegedly engaged in illegal "kick