Insights 24 - McCormick & Priore

“Maintenance” under § 240(1) Sparks Split Decision in 4th Department

Amelia Michael August 24, 2023 No Comments

In a recent decision, the Fourth Department reversed a Supreme Court, Erie County Order granting plaintiff’s motion for summary judgment on liability pursuant to Labor Law § 200 (“codified negligence”)…

Supreme Court Rejects Review of Challenge to UM/UIM “Coordination of Benefits” Provision

Amelia Michael August 16, 2023 No Comments

Last year, Glen Shikunov of McCormick & Priore, P.C. successfully litigated an appeal on a matter of first impression in the Superior Court in Erie Ins. Exch. v. Backmeier, 287…

“I don’t know. I just ‘work’ ‘here’.”

Amelia Michael August 15, 2023 No Comments

In a pair of recent cases, the Second Department considered what “work” is “ancillary” to activity falling under the purview of Labor Law § 240(1). By way of background, Labor…

Fourth Department Highlights Departments’ Split on 12 NYCRR § 23-4.2(k)

Amelia Michael August 9, 2023 1 Comment

In a recent decision The Fourth Department reversed a Supreme Court Order, holding that Industrial Code provision 12 NYCRR § 23-4.2(k) is not sufficiently specific to support a Labor Law…

Unraveling the Mysteries of the Statute of Limitations in UM/UIM Claims

Amelia Michael July 20, 2023 No Comments

Before 2017, the question of when the statute of limitations accrued for uninsured motorist (“UM”) and underinsured motorist (“UIM”) claims was relatively straightforward: UM/UIM claims accrued when either the insured…

Pennsylvania Superior Court Rejects Availability of Attorneys’ Fees in First Party Medical Benefits Cases Involving Peer Reviews

Amelia Michael July 18, 2023 No Comments

In a recent decision in Turnpaugh Chiropractic Health & Wellness Ctr., P.C. v. Erie Ins. Exch., 2023 PA Super 99 (June 8, 2023), the Superior Court of Pennsylvania considered, among…

Federal Court Refuses to Strike Regular Use Exclusion in Liability Policies

Amelia Michael July 7, 2023 No Comments

As was the case in Gallagher v. GEICO Indem. Co., 201. A.3d 131 (Pa. 2019), the Pennsylvania Superior Court’s decision in Rush v. Erie Insurance Exchange, 265 A.3d 794 (Pa.…

If it’s Broken, Fix it: Expanding the Scope of Contractor’s Liability to Third Persons for All Defects, Patent or Latent

Amelia Michael July 6, 2023 No Comments

Recently, in Brown v. City of Oil City, 294 A.3d 413 (2023), the Supreme Court of Pennsylvania was asked to determine whether Section 385 of the Restatement (Second) of Torts…

ChatGPT in the Legal World: Friend or Foe?

Amelia Michael June 12, 2023 No Comments

On November 30, 2022, OpenAI released an artificial intelligence chatbot called ChatGPT, which quickly sparked controversy throughout the legal industry concerning its capabilities in the legal arena. Some panicked that…

Third Circuit Rejects Statutory Bad Faith Claim Stemming from Denial in Unsettled Area of the Law

Amelia Michael June 11, 2023 No Comments

In a recent decision in Slupski v. Nationwide Insurance Company, 2023 WL 3477828 (3d Cir. May 16, 2023)(not for publication), the United States Court of Appeals for the Third Circuit,…

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