Archives for Complex Insurance Liability

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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The New Jersey Appellate Division has affirmed summary judgment for defendant-insurers Chubb Insurance and its member company Federal Insurance, upholding the flood damage exclusion in the policies of two plaintiff-insureds. Doerfler v. Federal Insurance Company arose in the wake of Superstorm Sandy, which caused the insureds’ Mantoloking, NJ homes to collapse in 2013. Both policies excluded coverage for flood damage and contained a notification page delineating the “surface water exclusion.” The exclusion specifically encompassed water damage “driven by wind.” The insureds procured additional flood insurance policies from Fidelity National Indemnity Insurance Company. Adjusters on behalf of Chubb and Federal Insurance
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In Welliver McGuire, Inc and Technology Ins. Co. Inc. v. Ace American Ins. Co., the United States District Court for the Western District of New York addressed a case where a general contractor (“Welliver”), brought a declaratory judgment action seeking coverage as an additional insured under Defendant’s (“Ace”) insurance policy with a subcontractor. Holding that the incident giving rise to damages occurred after the termination of the policy, the court granted summary judgment to Ace. This case arose when Welliver was hired to be the general contractor for a construction project for apartment buildings.Pursuant to a contract dated April 30,
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In Korn v. Federal Ins. Co., the District Court for the Western District of New York addressed a case in which an insuredbrought suit against his insurer seeking additional criminal defense costs under his Directors and Officers liability policy. Under the policy, the limits of liability were reduced by the payment of defense costs. The insured sued Federal Insurance Company after the policy limits were exhausted during six years of litigation by the defense costs and he owed defense counsel additional amounts. After analyzing the evidence submitted by both parties, which included the policy, emails exchanged by the parties, and
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In Hall v. Millersville University, the United States District Court for the Eastern District of Pennsylvania granted summary judgment to the Acacia National Fraternity (“Acacia”) and Acacia Fraternity, Millersville (“Chapter 84”) in a survival and wrongful death action filed by the estate of a student (“Hall”)who was murdered by her boyfriend (“Orrostieta”) in her university dorm after attending a fraternity party together. The court found that the Pennsylvania Supreme Court had “unequivocally held that a national fraternity is not liable under the social host doctrine for acts of its chapters.” The court also found that although the social host doctrine
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In Pennsylvania Life & Health Ins. Guar. Ass’n v. Pennsylvania Ins., the Commonwealth Court of Pennsylvania addressed an appeal by the Pennsylvania Life and Health Insurance Guaranty Association (PLHIGA) of the decision by the Insurance Commissioner (“Commissioner”) to sustain the appeals of nine member health insurers and reverse assessments imposed by PLHIGA on the health insurers’ Medicare Parts C and D premium accounts. During the initial agency adjudication, the Commissioner determined that the assessments, which PLHIGA imposed on all member insurers pursuant to its enabling act, were preempted by federal law. The Commonwealth Court agreed with the Commissioner’s order and
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