No implied payment contract for duration of policy established where insured is entitled to change broker of record.

Philadelphia - Headquarters
Insurance Services – Coverage & Bad Faith Litigation
The plaintiff, an insurance broker, sued its insurance customer (defendant) for purportedly changing its broker of record, thus forfeiting the plaintiff’s ability to collect premiums on the policies placed for the defendant. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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Recent ruling by PA federal court confirms construction defect claims are not covered by Commercial General Liability policies.

Pittsburgh
Architectural, Engineering & Construction Defect Litigation
While most states treat claims seeking damages for defective or faulty workmanship as covered under Commercial General Liability (CGL) policies, a recent United States District Court ruling confirms that Pennsylvania belongs to the small group of Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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Third-party claims for common-law contribution not cognizable where underlying claim seeks to hold defendant liable for economic losses based on improper performance under contract.

New York
Architectural, Engineering & Construction Defect Litigation
The general contractor for the construction of a building brought a breach of contract action against a subcontractor arising from the building’s steel superstructure dropping during construction and allegedly setting off a chain reaction of damag Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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Impermissible to calculate delay damages for additional labor costs based on comparison of pre-contract estimate of labor costs and actual labor costs.

New York
Architectural, Engineering & Construction Defect Litigation
A subcontractor on a city project brought an action for delay damages, and the defendant appealed an award in excess of $40 million following a non-jury trial, including $9.8 million in additional labor cost damages. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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PA appellate court affirms trial court, upholds exclusive remedy provisions of Workers’ Compensation Act by beneficiary even though plaintiff did not qualify for any benefits under Workers’ Compensation Act.

Westchester
Trucking & Transportation Liability
Transportation companies are often confronted with workers’ compensation issues due to unfortunate events resulting in death or serious injury to their employees. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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OH court rejects argument that failure to remove truck entirely from roadway could be considered proximate cause of accident and was triable issue of fact for the jury.

Westchester
Trucking & Transportation Liability
The appellate court affirmed summary judgment in favor of the defendant truck driver and defendant trucking company when the plaintiff rear-ended the vehicle when driving while intoxicated. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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