In GMM Realty, LLC v. St. Paul Fire and Marine Insurance Company, the New York Appellate Court addressed a situation where the parent company of a real estate manager of the insured brought a declaratory judgment action against the insurer seeking defense and indemnification as an additional insured for a personal injury suit. After examining… Read More

In an opinion predicting Pennsylvania state law, the Third Circuit Federal Court of Appeals ruled that punitive damages awarded against an insured in a personal injury suit are not recoverable in a later breach of contract or bad faith suit against the insurer. In Wolfe v. Allstate, the Court examined Pennsylvania’s long-standing public policy regarding… Read More

In Kotsovska v. Liebman, the New Jersey Supreme Court grappled with the question of whether the doctrine of primary jurisdiction deprives the Superior Court of jurisdiction under the Workers’ Compensation Act (“WCA”) to determine a worker’s employment status in cases where the defendant raises the exclusive remedy provision of the WCA as an affirmative defense… Read More

The New Jersey Appeals Court recently addressed the interplay of a mold exclusion in a homeowners insurance policy with a Mold Endorsement that allowed limited coverage for mold damage caused by “fortuitous direct physical damage or destruction.” In Kavesh v. Franklin Mutual Insurance, the Court examined the language of the mold exclusion of the policy,… Read More

In Drysten v. Chiesa and USAA, the Appellate Division of the New Jersey Superior Court found that the insurer was immune from suit under the New Jersey statute governing immunity for insurers based on the insured’s election of motor vehicle coverages. While the insured attempted to gain additional benefits by having the policy reformed post-accident,… Read More

The Pennsylvania Supreme Court recently addressed the interpretation of an employer’s liability exclusion in a commercial general liability policy to determine its scope in excluding coverage when the policy applies to more than one insured. In Mutual Benefit Insurance Company v. Politsopoulos, the Court determined that the term “the insured” does not signify “all insureds”… Read More