In Gaskin v. OBMP-NY LLC, the New York Supreme Court considered a personal injury suit against a bar owner, his landlord and the bar’s security company for injuries arising from a fight that broke out in the bar. OBMP-NY, the bar owner who leased the property from landlord 701 West 135, orally contracted 5Points to… Read More

In Thomas v. Allstate New Jersey Insurance Company, the New Jersey Superior Court, Appellate Division, considered a coverage dispute between the insurer and a person living at the insured property for loss of personal property. Plaintiff was not a named insured under the policy and was not a relative of the named insured. The court… Read More

In Ace American Insurance Company v. Penn National Insurance Company, the New Jersey Superior Court, Bergen County, considered a coverage dispute between two insurers providing insurance to a mutual insured for reimbursement of defense and indemnification costs associated with the settlement of a suit against the insured general contractor. The court held that the suit… Read More

In First Specialty Insurance Corp. v. Hudson Palmer Homes, Inc., the district court for the Eastern District of Pennsylvania considered a declaratory judgment action brought by an insurer to determine the scope of its duty to defend and indemnify the insured, a home builder, in connection with ten construction defect lawsuits brought against it. None… Read More

In Salih v. Ohio Security Insurance Co., the New Jersey Superior Court, Appellate Division, considered a coverage dispute between a landlord and its insurer involving a demand from the landlord for additional coverage under the lost business income provision of the policy for property damage caused by a sewage backup. The court affirmed the trial… Read More

In Lopez v. Palin Enterprises, the New Jersey Superior Court, Appellate Division, considered a tenant’s duty to defend its landlord against a personal injury suit brought by the tenant’s employee. In this insurance coverage dispute, the landlord filed a third-party action against the tenant and its insurer, Wausau, seeking primary coverage as an additional insured… Read More

In Platvoet v. Mancini, the New Jersey Superior Court, Appellate Division, considered a premises liability case arising from the plaintiff’s fall into her mother’s pool while pulling a tarp over the water. The trial court granted the defendants’ motion for summary judgment and subsequently denied plaintiff’s motion for reconsideration of the judgment. Plaintiff appealed and… Read More

In Alpizar-Fallas v. Favero, the United States Court of Appeals for the Third Circuit examined a putative class action arising from an automobile accident allegedly resulting in injuries. Both the injured party and the other driver were insured by the same company. On the day after the accident, the injured party was contacted by a… Read More

In Universal North American Ins. Co. v. Bridgepointe Condominium Ass’n, the Law Division of the New Jersey Superior Court for Middlesex County examined a subrogation action brought by an insurer arising from a fire at a condominium unit. After paying a claim for damage to the unit, the insurer commenced a subrogation action against the… Read More