The Court in Passaic County Dismissed a Complaint against the owners of a residential multi-unit building in Patterson, New Jersey. The Complaint was filed by a neighboring property owner that sustained a total loss due to a fire originating in the apartment of a tenant of our client. The Court found that the property owner was not responsible for the negligent act of the tenant, and granted summary judgment.
Robert E. Lavoie III joined Connor, Weber & Oberlies in 2020 and works out of the Paoli, Pennsylvania office. Robert focuses his practice in the areas of general liability, products liability, and professional liability litigation. Robert is licensed to practice in the Commonwealth of Pennsylvania, the State of New Jersey, and the U.S. District Court for the Eastern District of Pennsylvania.
Recently, each house of the legislature of the Commonwealth of Pennsylvania has introduced proposed legislation addressing the possibility of compelling insurance carriers to provide coverage due to the COVID-19 virus, regardless as to whether the insurance policy identifies such coverage as contained within the policy provisions.
House Bill 2372 provides in relevant part:
Notwithstanding any other law, rule or regulation, an insurance policy that insures against loss or damage to property, which includes the loss of use and occupancy and business interruption, in force in this Commonwealth on March 6, 2020, which is the date of the Proclamation of Disaster Emergency concerning the coronavirus pandemic, shall be construed to include among the covered perils under the insurance policy coverage for business interruption due to global virus transmission or pandemic.
The Bill continues:
The coverage required by this section shall indemnify the insured of an insurance policy, subject to the broadest or greatest limit and lowest deductible afforded to business interruption coverage under the insurance policy, for any loss of business or business interruption for the duration of the declaration of disaster emergency described in subsection (a).
Carrie A. S. Kennedy joined Connor, Weber & Oberlies in 2019 as the head of the Estate and Trust department in the Paoli, PA office. Her practice focuses on Estate Planning, Estate and Trust Administration, Elder Law, Special Needs Planning, Guardianships and Adoptions.
Robert A. Morton IV joined Connor, Weber & Oberlies in 2019 and works out of the Paoli, Pennsylvania office. Robert focuses his practice in the areas of construction claims, products liability, professional liability, and Federal Civil Rights litigation. Robert is licensed to practice in the Commonwealth of Pennsylvania, the State of New Jersey, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Tax Court. Robert will be based out of the Paoli office of Connor, Weber & Oberlies.
Summary Judgment was affirmed by the Appellate Division in a professional malpractice case against an insurance producer in a New Jersey Superior Court case. Amelia M. Lolli, Esquire was successful in obtaining summary judgment in favor of a Camden County insurance agency in a 2014 case. The summary judgment decision was appealed by the Plaintiff and oral argument was conducted by Ms. Lolli in front of the Appellate Division in January 2019. The Appellate Division affirmed the dismissal of the case by the trial court and found the insurance producer did not breach a fiduciary duty to its client.
In Mercer County, New Jersey, the Court dismissed plaintiff’s case in its entirety on the eve of trial, following the suppression of plaintiff’s medical evidence during the pre-trial conference.
Plaintiff claimed he slipped and fell on ice outside his apartment and suffered substantial injuries. Phil Degnan challenged plaintiff’s theory of liability and damages. The Court ruled that the suppression of plaintiff’s medical evidence precluded plaintiff from presenting his case to the jury.
Edward M. Napierkowski has recently joined Connor, Weber & Oberlies. Ed practices in the areas of insurance coverage, civil litigation and commercial litigation. He has litigated cases in various disciplines including environmental coverage, insurance recovery and construction defect litigation.
The Court denied plaintiff’s Motion to Vacate the jury’s defense verdict following a trial in Monmouth County. Plaintiff had alleged that she fell down a set of unlit exterior stairs outside a community lodge.
Plaintiff had suffered a broken ankle in the accident. Phil Degnan successfully argued that the plaintiff could have chosen a safe path of travel, or simply turned on the light above the stairs, and should have used the handrail. No appeal has been filed.
Philip Degnan obtained a defense verdict in a lawsuit filed by a plaintiff that claimed his car was stolen in Philadelphia. The claim had been denied by the insurance carrier for fraud. Under cross-examination, plaintiff reluctantly admitted that he misrepresented certain facts about the alleged “theft.” Following the conclusion of plaintiff’s case in chief, the Court granted defendant’s Motion for a Directed Verdict.