In Sanseverino v. Board of Review, New Jersey Superior Court Appellate Division affirmed a state Department of Labor decision denying unemployment benefits to Dennis Sanseverino, because he voluntarily left his employment with Foulke Management Corporation without good cause. Sanseverino was a commission-based car salesman for Foulke Management between 2013 and 2018. After making a sale in January 2018, Sanseverino’s commission was reduced by $2,100 to repay a company pool of money he drew from on weeks that he did not have any sales. After learning about the reduction in pay, Sanseverino’s expression of anger toward his manager led to a
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USDC for New Jersey Grants Summary Judgment to Casualty Insurer in Property Coverage Dispute Stemming from Superstorm Sandy for Filing Suit After the Expirationof the Suit Limitations Provision
In G. Matts Hospitality, LLC t/a Sands Motel v. Scottsdale Insurance Company and John Doe 1-100, the Federal District Court of New Jersey addressed a case in which an Insured suedits commercial insurer for property damage caused by Superstorm Sandy. The action was brought more than three years after the Insured received a coverage determination letterfrom the Insurer that partially denied coverage. The Insured filed a Complaint against the Insurer asserting a cause of action for breach of contract seeking consequential damages due to the alleged failure to pay a covered loss. The Court found that the Insurance Policy’s suit
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Third Circuit Court of Appeals Affirms Ruling that Insurer Was Entitled to Deny Insured’s Life Insurance Claim Due to Suicide Exclusion Clause
In Gianfranco Arena v. RiverSource Life Insurance Co., the United States Third Circuit Court of Appeals addressed a case in which the Plaintiff brought suit against an insurer after theinsurer denied the insured’s claim for life insurance due to a suicide exclusion clause in the policy. The District Court had granted the insurer summary judgment after determining that the actions the decedent took to cause her death were sufficient circumstantial evidence to establish that she intended to end her life. The Court held that the insurer showed that the coverage exclusion applied and that the insured failed to produce evidence
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New Jersey Appellate Division Affirms Trial Court Order Granting Summary Judgment in Favor of Insurers and Accountants in Coverage Dispute Stemming from Superstorm Sandy
In Fedway Associates, Inc. v. Engle Martin & Associates, Inc., the Superior Court of New Jersey’s Appellate Division affirmed the Trial Division’s decision to grant summary judgment to Defendants Engle Martin & Associates (Adjusters); Matson, Drisocoll & D’Amico, LLP; and Certain Underwriters at Llyod’s of London (Lloyd’s) in a case seeking a declaration that the Insurer was obligated to provide excess insurance coverage for a claim arising from Superstorm Sandy. The complaint alleged that the Insured was obligated to repair and restore its leased premises. While meeting this obligation the Adjusters misappropriated the cost of repairs between insurers and claimed
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Superior Court of Pennsylvania Vacates Trial Court’s Judgment and Remands Case for Judgment in Favor of Defendants in Philadelphia Eagles Restroom Fight Premises Liability Case
In Patrick Pearson v. Philadelphia Eagles, LLC, Eagles Stadium Operators, LLC, and Executive Services Management Inc., the Superior Court of Pennsylvania vacated the trial court’s judgment and reversed an order denying the Motion for Summary Judgment of Defendants Philadelphia Eagles and their security staff provider in a case seeking damages from injuries sustained during a restroom altercation. At the trial stage, the jury returned a verdict for Mr. Pearson, finding the Defendants negligent in their security program and awarding Plaintiff$700,000 in damages. The Superior Court disagreed with the trial court and found that, when applying the standard ofnegligence for the
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United States District Court for the Western District of New York Grants Summary Judgment to Insurer After Additional Insured Fails to Provide Proof of DamagesDuring Coverage Period
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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Western District of New York Grants Summary Judgment to Federal Insurance in Suit Brought by an Insured Seeking Additional Criminal Defense Costs Under Insurance Policy
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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United States District Court for the Eastern District of Pennsylvania Grants Summary Judgment to National Fraternity Organization and Local Fraternity Chapter in Survival and Wrongful Death Action
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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Commonwealth Court of PA Affirms Commissioner’s Holding that PLHIGA Act Provision Authorizing PLHIGA to Make Assessments Against Medicare Parts C and D Premiums is Preempted by Federal Law
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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New Jersey Appellate Division Reverses Grant of Summary Judgment to Allstate in Declaratory Judgment Action to Determine Liability Coverage Under an Auto Insurance Policy
In Allstate New Jersey Property & Casualty Insurance Company v. Estate of Sean McBride, the Appellate Division of the Superior Court reversed the trial court’s decision that summary judgment be granted to Allstate in a case seeking a declaration that Allstate was not obligated to provide liability insurance coverage to the Estate of McBride for claims arising from a car accident. The trial court had determined that no genuine issues of material fact existed and held that no coverage was available for McBride under the Allstate policy. The Appellate Division disagreed and found that there were genuine issues of material
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