Publications
Even where there is more than one contributing peril to a loss, coverage can be precluded if the policy expressly sets forth anti-concurrent language.
The Third District Court of Appeal has shed light on the power of anti-concurrent language within homeowners policies of insurance.
Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of intere
Ohio Supreme Court declines to allocate liability across multiple insurers and multiple policy periods when the injury or damage occurred at a discernible time.
Ohio has long recognized the “all sums” approach to allocation of insurance coverage for long tail claims that occur over multiple policy period
Case Law Alerts, 3rd Quarter, July 202
Insured’s misrepresentations in the policy application could void the policy ab initio.
It has long been the law in Ohio that an insurer can only void a policy ab initio for misrepresentations in the application if the applic
Case Law Alerts, 3rd Quarter, July 202
Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.
The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity.
Case Law Alerts, 3rd Quarter, July 202
Plaintiff cannot state an “interference” claim under FMLA based on actions taken after he has exhausted his FMLA entitlement.
The plaintiff requested and received FMLA benefits.
Case Law Alerts, 3rd Quarter, July 202
New Jersey lacks general or specific jurisdiction over a foreign corporation even when the employee lives in New Jersey and works one day a week from her home office.
The defendant corporation was organized under the laws of New York and had its principal place of business in Staten Island.
Case Law Alerts, 3rd Quarter, July 202
Trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.
After the insurance carrier denied the homeowners’ hurricane water damage claim, the homeowners filed suit.
Case Law Alerts, 3rd Quarter, July 202
There is no bad faith when an insurer has a reasonable basis for denying coverage.
The U.S.
Case Law Alerts, 3rd Quarter, July 202
Dismissal of wrongful use of civil proceedings claim against attorney affirmed.
On March 6, 2020, the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s wrongful use of civil proceedings claim against a lende
Legal malpractice claim against a public defender is subject to New Jersey Tort Claims Act.
The New Jersey Supreme Court affirmed summary judgment to the public defender, holding that the plaintiff’s legal malpractice claim against the
Case Law Alerts, 3rd Quarter, July 202