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Defense Digest

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Volume 22, No. 1, March 2016

Offices: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: Inferred intent doctrine infers intent of insured to cause harm in certain limited circumstances. Where inferred intent doctrine applies, coverage is precluded under intentional acts exclusion. In Ohio,..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Jacksonville, Florida •
Authors: Martin Sitler
By Martin H. Sitler, Esq.* I often boast to anyone who will listen that the Jacksonville, Florida office has the most beautiful view of any of our offices. Our fourteenth floor space is nestled in the center of downtown Jacksonville and overlooks..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Casualty Department Tony Michetti (Doylestown, PA) obtained a defense verdict at arbitration in a slip and fall matter where the plaintiff was a tenant in an 89-unit apartment complex who claimed that the defendant owner failed to properly maintain..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
In this first-party breach of contract case against an insurer, Shane Haselbarth (Philadelphia, PA) succeeded in obtaining a unanimous victory in the Pennsylvania Superior Court, affirming the judgment for Marshall Dennehey’s client. The corporate..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Colleen Bannon (Philadelphia, PA), shareholder and director of Legal Information Resources, has been appointed a Vice-Chair of the Philadelphia Bar Association’s Federal Courts Committee. The committee serves as an informational liaison between the..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Moosic, Pennsylvania •
Practice Areas: Automobile Liability Authors: John T. McGrath Jr., Michael R. Speer
By John T. McGrath, Esq. & Michael R. Speer, Esq.* Marshall Dennehey Warner Coleman & Goggin’s Automobile Liability Practice Group is the oldest and most storied practice area in our firm. It is made up of lawyers from each of our 20 offices..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Roseland, New Jersey •
Practice Areas: Automobile Liability Authors: John T. McGrath Jr., Michael R. Speer
By John T. McGrath, Esq. & Michael R. Speer, Esq.* Marshall Dennehey Warner Coleman & Goggin’s Automobile Liability Practice Group is the oldest and most storied practice area in our firm. It is made up of lawyers from each of our 20 offices..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Cincinnati, Ohio •
Practice Areas: Insurance Agents & Brokers Liability, Professional Liability Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: Insurance agent liability is on the increase. Insurance agents are now viewed as professionals and fiduciaries with insurance expertise. To combat claims against insurance agents, a close relationship with..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Doylestown, Pennsylvania •
Practice Areas: General Liability Authors: Katharine Mooney
By Katharine A. Mooney, Esq.* Key Points: If contested treatment has been submitted to a PRO, plaintiffs are not entitled to attorneys’ fees, even if the peer review is later found to be non-compliant with insurance regulations. Supreme Court..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability Authors: John C. Farrell
By John C. Farrell, Esq. & Laura J. Persun, Esq.* Key Points: Pennsylvania Supreme Court will not punish past or prospective parties who rely on longstanding legislation by invalidating it retroactively. In Pennsylvania, plaintiffs still cannot..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: Property Litigation Authors: Michael A. Packer
By Michael A. Packer, Esq.* Key Points: Florida’s Valued Policy Law provides that when any building or structure sustains a total loss as a result of covered peril or a partial loss as a result of fire, the liability for said loss shall be the..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Michael A. Karaffa
By Michael A. Karaffa, Esq.* Key Points: Property owners and general contractors do not “retain control” over independent contractors by establishing detailed work specifications. Property owners’ and general contractors’ right to shut down..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Melville, New York •
Practice Areas: General Liability
By Robert A. Faller, Esq.* Key Points: A trivial defect in a walking surface is generally not actionable. Since facts and circumstances dictate the outcome, a defendant must develop the record. “In sum, there are no shortcuts to summary judgment..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

Volume 21, No. 4, December 2015

Offices: Cincinnati, Ohio •
Practice Areas: General Liability
By Matthew Hamm, Esq.*   Key Points: O.R.C. § 2323.44 went into effect on September 28, 2015. The statute codifies the “Made Whole” doctrine in Ohio and applies regardless of policy language to the contrary. Be aware of attempts by those who seek..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Authors: Thomas A. Brophy
By Thomas A. Brophy, Esquire, President & CEO Further Thoughts On Legal Auditing In the last column that I wrote for this publication, I said, “There had to be a better way” than the current process of bill review wherein bill auditors analyze..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Cristin A. Cavanaugh
By Cristin A. Cavanaugh, Esq.*   Key Points: Pennsylvania law prohibits insurers from providing coverage for directly imposed punitive damages. Punitive damages awarded in the underlying case are not properly considered compensable damages in a..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investments Professional Liability
By Denis C. Dice, Esq.*   Key Points: Bond suitability and misrepresentation claims are on the horizon. Proper client counseling and disclosure documentation will be critical to defend these claims.   Interest rates have been at an all time low..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Jane Ennis Kane
By Jane E. Kane, Esq.*   Key Points: Pennsylvania’s Act 86 was enacted in response to indiscriminate cancellation of commercial liability insurance policies and requires insurers to provide 60 days’ notice in advance of canceling or non-renewing..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: David J. Oberly
By David J. Oberly, Esq.*   Key Points The exercise of jurisdiction by district courts under the Federal Declaratory Judgment Act, 28 U.S.C § 2201 is not mandatory and “at times the better exercise of discretion favors abstention.” The Sixth..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Robin M. Romano
By Robin M. Romano, Esq,*   Key Points: A peer review doctor may be immune from testifying under the Pennsylvania Workers’ Compensation Act, Section 306(f)(2)(5). Witness immunity under the Pennsylvania Workers’ Compensation Act extends to Bureau..., Defense Digest, Vol 21, No. 4, December 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...

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