New York CM Report of Recent Decisions (2008v1)
2008 Volume 1
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
Insurer Does Not Have Duty To Warn Employee Of Asbestos Hazards
The New Jersey Appellate Division held that Defendant/Workers’ Compensation Insurer, which conducted health and safety studies for the Insured/Employer, did not have a duty to warn and educate the Insured’s employees of the dangers of asbestos, because there was no evidence that the Insurer negligently performed the studies nor that the Insurer assumed a duty to supervise workplace safety.
New Jersey Court Enforces Policy Language Designed To Avoid An Efficient Proximate Cause Analysis
The Superior Court of New Jersey, Appellate Division, affirmed a lower court’s order dismissing plaintiffs’ complaint for first-party insurance coverage. The policy covered fortuitous direct physical loss caused by vehicles, but excluded direct and indirect loss from earth movement.
Partial Negligence Does Not Prevent Court From Granting Summary Judgment In Labor Law 240 Case
In a continuing effort to clarify the boundaries of New York’s Labor Law Section 240, the Appellate Division, First Department recently held a plaintiff’s partial negligence, which may have contributed to Plaintiff’s accident, is not a bar to proving liability against Defendants in the context of a Labor Law 240 action.
The Fast Food Menu And A Restaurant's Duty To A Legally Blind Patron Under The ADA
Third-Party Indemnity Clause Precludes Coverage For WTC Claim
In the most recent insurance ruling concerning the 9/11 World Trade Center (“WTC”) attacks, the Southern District of New York ruled that an exclusion contained within an insurance policy for property indemnified by a third-party bars the Port Authority of New York and New Jersey’s coverage for certain WTC property damage.
