Archives for Complex Insurance Liability

In a recent decision, the Louisiana Supreme Court answered key legal questions in Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co., underscoring Louisiana’s public policy that protects state courts’ jurisdiction in insurance disputes involving political subdivisions. This ruling impacts public entities and insurance carriers alike, affirming restrictions on arbitration clauses in contracts with Louisiana public bodies. Case Background In the wake of Hurricanes Laura and Delta in 2020, the Police Jury of Calcasieu Parish (“Calcasieu”), a Louisiana political subdivision, sought compensation for extensive damages to over 300 properties insured by a syndicate of insurers both foreign (London Market) and domestic,
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Hurricanes pose a significant threat to life, property, and the economy, particularly in coastal regions. As climate change intensifies the frequency and severity of these storms, insurance companies face mounting pressure to adapt their practices and policies. The traditional model of risk assessment and claims processing is proving inadequate in the face of increasingly unpredictable weather patterns. This essay argues that insurance companies can better deal with hurricanes by enhancing data analytics for risk assessment, promoting proactive mitigation measures, and improving customer engagement and claims processing. To effectively manage the challenges posed by hurricanes, insurance companies must leverage advanced data
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In an unpublished decision, the New Jersey Appellate Division reversed the dismissal of a premises liability lawsuit in Pippis v. PDC 16-20 Hudson Place Realty, LLC, et al. The case centers on whether a missing handrail at the bottom of a staircase, coupled with inadequate lighting, could constitute negligence by a property owner and its tenant, contributing to a slip and fall accident.  Nicolette Pippis, the plaintiff, filed a lawsuit after she slipped and fell while exiting a building owned by PDC 16-20 Hudson Place Realty, LLC. Pippis had just visited MKG Mundial, LLC, a tenant in the building, when
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In a recent unpublished decision, the New Jersey Appellate Division revived a negligence lawsuit filed by Plaintiff Jamie Sterlacci against Wawa Food Market. Sterlacci, who slipped and fell on black ice in Wawa’s parking lot, challenged the trial court’s dismissal of her case. The appellate court ruled that there were enough factual disputes to warrant a trial, particularly on whether Wawa had constructive notice of the hazardous condition.  Sterlacci visited a Wawa store in Rahway, New Jersey, around midnight on February 17, 2021. Although the main roads were clear, remnants of a snowstorm from two days earlier left black ice in the parking
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In Vargas v. Orosco (unpublished), a personal injury case involving a slip and fall on a staircase at a leased property, the Appellate Division of the New Jersey Superior Court remanded the trial court’s grant of summary judgment to the landlords on the basis that a question of material fact existed as to whether the location of the incident was a common area under the landlords’ control or an area in the exclusive control of the tenant. The trial court found that the cause of the plaintiff’s fall was a latent defect unknown to the parties, so no liability could be
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The Appellate Division of New Jersey’s Superior Court recently addressed a case involving insurance liability coverage for personal injuries suffered by a person who lived with the policyholder. Finding that an exclusion in the policy barring liability coverage for a person who lives with  the insured was unambiguous and clearly written, the Court affirmed the trial court’s summary judgment in favor of the insurer. In Iaeck v. Barnaba and Federal Insurance Company (unpublished), plaintiff brought suit after falling down a stairway in the condominium she was living in with defendant Barnaba, who owned the house. Plaintiff had lived with Barnaba
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The Supreme Court-New York addressed a case where an insured sued an insurer after the insurer denied its claim for water damage to a restaurant caused by frozen pipe bursts in sprinkler pipes and domestic water lines. In Arrpei LLC v. Public Service Mutual Insurance Company (“Public Service”), the court granted summary judgment to the insurer on the basis that the policy’s Vacancy and Water Damage Provisions precluded coverage because it was undisputed that the restaurant had been vacant and without heat for several months before the loss. The facts regarding the loss are straightforward. Public Service’s policy contained a
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A New Jersey Appellate Court reversed the denial of summary judgment to defendants in a wrongful death case involving the accidental death of an intoxicated man at a residential pool party. In Delvalle v. Trino, a visibly intoxicated 26-year-old man drowned after jumping into a pool with a friend at a birthday party. While efforts were made to rescue him, resuscitation was ultimately unsuccessful. His parents, individually and as administrators of their son’s estate, filed suit against the owners of the home and their son (the “Trinos”), as well as several party attendees, including Kevin Garcia (“Garcia”) for negligence, intentional
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The New Jersey Appellate Division upheld a trial court’s grant of summary judgment to a defendant landowner in a personal injury negligence suit brought against the property owner and tenant for injuries sustained at the leased property. In Gudoski v. Rock Pile Property, LLC, the court addressed a situation where Plaintiff was injured when he went to the leased property to give his friend—the owner of the tenant business—some advice about a crack in the building. Under the lease with the landowner, the tenant was responsible for all maintenance and repairs to the building. While inspecting the property, he fell
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New Jersey’s Appellate Division recently held that an insurance policy’s assault-or-battery exclusion precluded a bar’s claim for coverage for a lawsuit alleging that the bar negligently permitted a customer to enter and shoot another patron. The claim at issue in Pickett v. Moore’s Lounge, A-2330-17T2 (App. Div. 2020) involved a fatal shooting at a tavern following an argument. The decedent’s estate sued the tavern owner for damages alleging that the tavern negligently permitted the shooter to enter the tavern armed, remain at the tavern, and then intentionally shoot the victim. The shooter was convicted of recklessly causing the death of
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