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DE Superior Court determines that insurance company must indemnify defendant based on MCS-90B.

This is a coverage matter based on an automobile liability case. The underlying automobile case involved the transportation of wedding guests in a “Jolly Trolley” that resulted in a crash, leading to severe injuries for many of the passengers. Case Law Alerts, 3rd Quarter, July

FL District Court finds that signature and “penalties of perjury” language sufficed to meet requirements of disclosure statute.

The trial court held that, as a matter of law, there was no pre-suit settlement agreement between the insurance carrier and its insured, the plaintiff Giordano, as the claims manager who prepared the 627.4137 insurance limits disclosure did not ha Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

NY Court of Appeals held that claims asserting violation of workplace safety statutes does not impose non-delegable duty to the owner.

The plaintiff, an employee of Skanska, was struck by a power buggy while operating a rebar-bending machine. A worker who was not trained to operate the buggy drove it a short way before losing control and crashing into the plaintiff. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

There may be risk in beginning snow removal efforts before storm has stopped, but this can be defeated if shown that snow removal work did not exacerbate conditions.

The Second Department held that a property owner was entitled to summary judgment in a case involving a slip and fall on snow and ice under the Storm in Progress Doctrine, which states that a property owner is not liable for a snow and ice conditi Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole