Publications
Third District Court finds that an insured’s knowledge of a possible claim is critical to the calculus of determining prompt notice.
The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Affidavits must be based on personal knowledge, set out facts admissible in evidence, show affiant’s competence to testify on matters stated. Insurer not required to show real prejudice from failure to provide sworn proof of loss, as required by policy.
The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court affirmed judgment on the pleadings in legal malpractice case based upon statute of limitations.
The plaintiffs alleged the court erred in not allowing them to amend their pleadings to clarify facts regarding equitable tolling and erred in not recognizing that issues of fact existed.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court extends contractor liability for obvious defects in completed work.
The Pennsylvania Supreme Court addressed whether a contractor bears the risk of future injuries regarding hidden (latent) defects in its work if an owner is also aware of a defect but chooses not to correct it.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Regular use exclusion lives—for liability claims, at least.
Progressive’s insured, Frisbie, had been driving her brother’s vehicle for approximately a month while her own vehicle was experiencing mechanical issues.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendant did not have constructive notice of uncovered manhole to satisfy requirements of New Jersey Tort Claims Act.
The New Jersey Appellate Division affirmed granting of summary judgment for the City of Newark in a case where a manhole cover became dislodged during a heavy rain storm. The plaintiff lost control of her car after driving over the open manhole.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Right of indemnity established against contractor when contract for service is unambiguous, containing explicit hold harmless and damages responsibility provisions, and subcontractor’s job-related actions result in property damage.
The plaintiff, a construction entity, originally contracted with the defendant to provide finished concrete products to a construction site.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Appellate Court holds expert testimony not required to support claim for bad faith.
The Ohio Second District Court of Appeals reversed summary judgment in favor of an insurer and remanded the case back to the trial court for further proceedings, holding that the plaintiff did not need an expert to proceed to trial on a bad faith
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Arbitrator finds no extraordinary circumstances existed that would permit the equitable tolling of FINRA’s six-year eligibility rule.
In an action filed in 2022 involving allegations of breach of fiduciary duty, negligence and fraud related to certain unspecified securities, an arbitrator granted the respondent broker-dealer’s motion to dismiss pursuant to FINRA Rule 12206.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
In order to qualify for unemployment benefits, the unemployed individual must be able and available to work.
The plaintiff had been out of work for medical reasons for several months.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.