Publications
Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute
The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition.
Case Law Alerts, 3rd Quarter, July
Pennsylvania Superior Court Finds the Treatment of a Dog Bite Undeniably “Arises Out of” the Dog Bite and Medical Negligence Claims Related to the Treatment Are Barred by Plain Language of the Release
The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who treated the dog bite.
Case Law Alerts, 3rd Quarter, July
Florida’s Fourth District Court of Appeal Explores “Cat’s Paw” Liability Theory in an Employment Law Whistleblower Retaliation Context
A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he alleged the City Commission’s termination of his employment violated Florida’s Whistleblower’s Act, (the pertinent part
Case Law Alerts, 3rd Quarter, July
Asked and Answered: Retail Insurance Agent Meets Standard of Care by Requesting Coverage Sought, Even If Insurer Declines to Underwrite Risk
Weaver Warehouse sought $3 million in builder’s risk insurance and $2.6 million in existing structure coverage for property renovations; however, an error occurred in the application process, resulting in less existing structure coverage offered b
Case Law Alerts, 3rd Quarter, July
Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not Provided
On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated the defendant had no duty to provide coverage if the insureds failed to “give prompt notice” after the loss.
Case Law Alerts, 3rd Quarter, July
Court Rules that Liability Insurance Does Not Cover Claims for Civil Liability Under the Antiterrorism Act 18 U.S.C. 2333(a)
Several insurers sought a declaration that they were not obligated to indemnify the defendant when it resolved underlying claims alleging liability for support of Columbian terrorists.
Case Law Alerts, 3rd Quarter, July
Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s Failure to Replace Floor Panel
The plaintiff was a real estate agent who was injured when she fell through an open inspection panel in the floor of a bathroom at a house that she had listed.
Case Law Alerts, 3rd Quarter, July
Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be Recoverable
The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019.
Case Law Alerts, 3rd Quarter, July
Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further
Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist benefits to his personal auto insurer, The Automobile Insurance Company of Hartford, Connecticut, which denied his claim based u
Case Law Alerts, 3rd Quarter, July
Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have Impacted the Outcome of a Case
Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr.
Case Law Alerts, 3rd Quarter, July