Street Smarts: Untangling Liability for Defective Conditions

So, you’ve been sued because someone was injured, or possibly damaged their personal property, due to a defect in the road or street next to your property. Are you responsible? While the specific circumstances of any given case will always be the factors that determine the ultimate answer, as a general matter, a property owner […]

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The Insurance Industry Should Not Discard Its Single Digit Ratio Evaluation Of Potential Punitive Damages In Bad Faith Actions Despite Bert v. Turk (PA)

In July, the Pennsylvania Supreme Court evaluated the punitive damages exposure in insurance bad faith cases as a result of its decision in Bert v. Turk, 298 A.3d 44 (Pa. 2023). In Bert, the Court upheld a Superior Court ruling endorsing a “per-defendant” approach of calculating the ratio of punitive to compensatory damages. It also […]

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Be careful what you wish for: why arbitration clauses aren’t always the answer for construction contracts.

Careful the wish you makeWishes are childrenCareful the path they takeWishes come trueNot free So ends the finale of Stephen Sondheim’s musical Into the Woods in the song Children Will Listen. And how true it is when thinking of arbitration clauses. Many a developer or contractor has been told that inserting a binding arbitration clause […]

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Tenant Not Responsible For Sidewalk Maintenance In The Absence Of Lease Requirement Or Conduct Creating Liability

In Segovia v R.T.H. Assoc. LLC, the Supreme Court of New York, Bronx County, recently addressed the issue of whether a commercial tenant occupying a property adjacent to a public sidewalk had a duty to maintain and repair same. Plaintiff in that case alleged that she fell while walking on the sidewalk adjacent to the property near […]

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Supreme Court of NY Decides COVID-19 Related Moratoriums Prohibiting the Cancellation or Non-Renewal of Insurance Policies may be Inapplicable if Notice of Cancellation or Non-Renewal was Provided Before March 29, 2020

On March 29, 2020, Executive Order No. 202.13 (“EO 202.13”) imposed a moratorium on insurers cancelling or non-renewing any property or casualty insurance policies in order to benefit insureds facing financial hardship as a result of the COVID-19 pandemic. Likewise, on March 30, 2020, the New York State Department of Financial Services enacted an Emergency […]

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“Quick Fix” Leads To Liability If Not Done Properly (PA)

In a recent Eastern District of PA case, Zurich Am. Ins. Co. v. A.T. Chadwick Co., Inc., the court denied a third-party defendant’s motion for summary judgment in a construction defect case. The court found that jury could assign a percentage of the blame to the third-party defendant for a “quick fix” gone bad. In this case, […]

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Bowling Alley Strikes Out In Its Attempt To Be Spared Liability (NY)

Plaintiff’s emanated from a slip and fall at the defendant’s bowling alley in Clifton Park New York. Ms. Muscato alleges she slipped and fell causing her injuries because the floor near the ball return was excessively slippery. In defending the action and moving for summary judgment, the bowling alley offered the testimony of its manager who stated […]

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“Quick Fix” Leads To Liability If Not Done Properly (PA)

In a recent Eastern District of PA case, Zurich Am. Ins. Co. v. A.T. Chadwick Co., Inc., the court denied a third-party defendant’s motion for summary judgment in a construction defect case. The court found that jury could assign a percentage of the blame to the third-party defendant for a “quick fix” gone bad. In this case, […]

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Tragedy At CitiField Does Not Create An Unreasonable Duty To The Property Owner (NY)

Antonio Narainasami, decedent, and his friends attended a New York Mets baseball game at Citi Field, and like many New York Mets fans, they decided to leave the game early by the 8th inning, and headed toward the escalators.  The escalators had been turned off at the end of the 7th inning and barricades had been […]

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A Primer on Cyber Legislation in New York

By Robert Cosgrove and John Amato At the end of every Yankees’ home victory, Frank Sinatra blares from the speakers. The song? Well, of course, it’s New York, New York! As Old Blue Eyes sings, These little-town blues,are melting away,I’ll make a brand-new start of it,in old New York … Unfortunately, it seems New York is […]

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Wade Clark Mulcahy joins IR as the exclusive Insurance Law Member in US – Pennsylvania

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Robert Cosgrove of Wade Clark Mulcahy. Robert has joined IR as our exclusive Insurance Law Member in US – Pennsylvania. Robert J. Cosgrove is a Partner. Along with Mike Bono, Bob is a member of WCM’s Management Committee which serves as […]

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