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California Insurance Agents & Brokers Liability April 1, 2018
A moving and storage company in California tendered the defense of a personal injury suit to Transguard, which denied coverage. The agent, Maciolek, was alleged to be a representative of Transguard who told the insured that Transguard had accepted..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2018
According to the Commonwealth Court, the employer presented competent medical testimony that rendered its contest reasonable. Although the IME physician did not believe the claimant suffered a work injury, he still testified that he thought the..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2018
The plaintiff brought suit for injuries sustained when he was struck in the face by a golf club while watching a demonstration on how to hit a golf ball. The court reversed the trial judge’s granting of summary judgment in the defendant’..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New York Trucking & Transportation Liability April 1, 2018
The court (Kings Supreme) denied the defendants’—Crown Petroleum Transportation, LLC and Rubian Kumar, the owner operator of the tractor-trailer—motion for summary judgment seeking a dismissal of the plaintiff’s complaint for..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Ohio Insurance Coverage/Bad Faith Litigation April 1, 2018
In 2014, the insured reported that the trusses holding up its roof had moved and were sagging. After a forensic inspection by an outside engineering firm, the insurer denied the claim on the basis that the damage to the trusses was not storm related..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2018
A minor visited a trampoline park with a friend’s parent who signed a liability waiver containing an arbitration provision for the minor. The minor sustained injuries at the park during this visit. The court determined that a non-guardian..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Ohio Insurance Coverage/Bad Faith Litigation April 1, 2018
The Ohio Supreme Court has agreed to hear the appeal of Cincinnati Insurance Company from the Third District Court of Appeals (Hancock County), which found that the sub-contractor exception to the “your work” exclusion required..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Automobile Liability April 1, 2018
The insured was injured in a three-car accident. One of the vehicles was underinsured, while the other was uninsured. State Farm tendered the $100,000 UM/UIM policy limit to satisfy the insured’s claim against the uninsured motorist. The..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Health Care Liability April 1, 2018
The Pennsylvania Supreme Court granted review to determine whether or not the Pennsylvania Superior Court committed an error of law in: (1) holding that a health care system client waives the work-product protection when its counsel exchanges pre-..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Ohio Insurance Coverage/Bad Faith Litigation April 1, 2018
After full briefing and oral argument, the Ohio Supreme Court dismissed the appeal, letting stand the Fourth Appellate District’s decision found at 2016-Ohio-3473. In that case, the Court of Appeals affirmed summary judgment for the insurer,..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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