Plaintiff’s Credibility Issues Add Up To Denial of Summary Judgment Motion In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that denied plaintiff’s motion for summary judgment on the issue of liability as...
Duality of Man
Superintendent/Occupant is Just Trying to Get Internet Like Everyone Else In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Nassau County decision that granted defendant’s motion for summary judgment to dismiss plaintiff’s Labor...
Carbon County Court of Common Pleas Enforces Motor Vehicle Liability Exclusion to Exclude Coverage for ATV collision
On June 28, 2024, in the declaratory judgment lawsuit Philadelphia Contributionship Insurance Company v. Brad Menaker et al., docket no. 22-1119, the Honorable Steven R. Serfass of the Carbon County Court of Common Pleas granted summary judgment for the Philadelphia...
A Little Bit of Everything
Not All Defendants are Welcome at the Labor Law Party In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Suffolk County decision that granted defendants’ motions for summary judgment and dismissed plaintiff’s Labor Law § 240(1)...
Insufficient Inconsistencies
Multiple Inconsistencies Can’t Keep Summary Judgment at Bay How much inconsistency is enough inconsistency? In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for...
Third Circuit Confirms the Old Adage of Insurance “You Get What You Pay For”
Recently, in Gittlemacher v. Travelers Property Casualty Company, et al., No. 23-1774, 2024 WL 4274460 (3d Cir. Sept. 24, 2024), the Third Circuit affirmed the lower court decision, in which the court granted summary judgement in favor of the insurance carrier when it...
Buckle Up! Or Don’t!
Recently, in Lucykanish v. Flurer, 2024 Pa. Super. Unpub. Lexis 2142, 2024 WL 4003231 (Aug. 30, 2024), the Pennsylvania Superior Court reversed the lower court verdict, in which the judge found in favor of the defendant based in part on plaintiff’s failure to wear her...
When Analyzing the Renewal of an Insurance Policy, Consistency is Key
Recently, the District Court for the Eastern District of Pennsylvania in Vasquez et al v. Nationwide Property & Casualty Insurance Company, 2024 WL 4339987 (E.D.Pa. September 27, 2024) analyzed an insurance coverage concerning whether an underinsured motorist...
Homeowner and Auto Insurance Premiums Skyrocket Nationwide
Over the past several years homeowners’ insurance and auto insurance policy premiums have been increasing across the country. Between 2023 and 2024, homeowner and auto insurance premiums increased on average by 23% and 26% respectively. This rise in premiums can be...
