Insights 21 - McCormick & Priore

Eastern District of Pennsylvania Court Reaffirms Requirement for Sufficient Factual Allegations to Support Statutory Bad Faith Claims

Amelia Michael February 12, 2024 No Comments

In a recent slip opinion in Leyman v. Economy Fire & Casualty Company, No. 23-3458 2023 WL 8188444 (E.D. Pa. Nov 27, 2023), the United States District Court of the…

Eastern District of Pennsylvania Court Held Insured May Have Reasonably Believed her Lawsuit was Timely Based on Typographical Error in Claim Correspondence

Amelia Michael February 9, 2024 No Comments

In a recent slip copy opinion in Duffy v. Liberty Mutual Fire Insurance Company, No. 22-4402, 2023 WL 8832416 (E.D. Pa. Dec 21, 2023) the Court denied an insurer’s Motion…

Eastern District of Pennsylvania Confirms Assignee of Benefits has Standing to Assert Statutory Bad Faith Claims

Amelia Michael February 8, 2024 No Comments

In a recent slip opinion in Cutting Edge Tree Professionals, LLC v. State Farm Fire Claims Company, et al., No. 23-cv-3197 2024 WL 53011 (E.D. Pa. Jan 4, 2024) the…

Rare “Question of Fact” in Labor Law § 240(1) Motion from Kings County

Amelia Michael February 6, 2024 No Comments

Due to the nature of the Labor Law in New York, specifically section 240(1), notoriously known as “The Scaffold Law”, summary judgment motions resulting in a question of fact are…

“Loss of Balance” is Question of Fact in Labor Law § 240(1) Motion from Kings County

Amelia Michael February 5, 2024 No Comments

Truly in a giving mood around the holidays, the Supreme Court, Kings County found plaintiff failed to establish a prima facie case for summary judgment in his Labor Law §…

“No Apparent Reason” for Scaffold Fall is Prima Facie for Plaintiff’s § 240(1) Cause of Action

Amelia Michael February 4, 2024 No Comments

Once again, we turn to the Appellate Division, First Department for our regular reminder that even though a safety device may fail for “no apparent reason,” that still is sufficient…

Glen Shikunov Secures Supreme Court Reversal in Decision Upholding Validity of “Regular Use Exclusion” in Pennsylvania

Amelia Michael January 30, 2024 No Comments

In a recent decision in Rush v. Erie Insurance Exchange, No. 77 MAP 2022 (Pa. Jan. 29, 2024) (Maj. Op. by Donohue, J.)( Wecht, J., Concurring) the Supreme Court of…

Zoom Depositions and Subpoenas Under Federal Rule of Civil Procedure 45 Are Not So Simple

Amelia Michael January 10, 2024 No Comments

In the so-called “Post-COVID” age of litigation, virtual depositions are commonplace and sometimes preferred in third-party subpoena ad testificandum practice. A major reason is to eliminate the travel of both…

Glen Shikunov Secures Superior Court Decision Upholding UM/UIM “Sign Down” Waivers for Life of Insurance Policy

Amelia Michael January 3, 2024 1 Comment

In a recent decision in Erie Ins. Exch. v. Eachus, 2023 Pa. Super 264 (Dec. 12, 2023)(approved for publication, no reporter citation yet available), the Superior Court of Pennsylvania considered…

The State’s Investigation File Relating To A Construction Accident Held “Privileged” In A Motion To Enforce Subpoena

Amelia Michael December 29, 2023 No Comments

In its recent decision in Am. Zurich Ins. Co. v. Meridia Downtown Urban Renewal Bound Brook, LLC, 474 N.J. Super. 171 (App. Div. 2022), the Appellate Division considered whether civil…

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