East Coast CM Report of Recent Decisions – 2018 Vol. 2

August 15, 2018 / CM Reports

Florida Appellate Court Expands Insureds’ Ability To Sue For Bad Faith

A Florida Appellate Court ruled that homeowners can pursue a bad faith claim against their property insurer even absent a favorable coverage ruling because the insurer’s tender of policy limits constituted a determination as to liability and damages. See Demase v. State Farm Florida Ins. Co., No. 5D16-2390, Fla. App., 5th Dist., 2018 Fla. App. LEXIS 4335.

Achieving The Impossible: Defeating Plaintiff’s Motion For Summary Judgment Premised On The Theory Of Labor Law Section 240(1)

Attorneys that defend clients who are sued as a result of on the job accidents have a difficult task ahead of them. Defending these clients is especially difficult since the courts often impose absolute liability on the defendants if the accident involved elevation related risks. The most common of such risks are falls from a scaffold, roof or a fall into an open shaft or hole.

Claim Based Upon New York’s Scaffolding Law Dismissed Where Plaintiff Injured While Lifting A Heavy Object

In Sullivan v. New York Athletic Club of City of N.Y., 2018 NY Slip Op 04591 (2d Dep’t 2018), the Appellate Division, Second Department reversed an order from the trial court denying Defendant general contractor’s motion for summary judgment which was for dismissal of Plaintiff’s causes of action based upon alleged violations of Labor Law §§ 240(1) and 200.

New Jersey Supreme Court Applies Continuous-Trigger Doctrine To Allocate Liability To Insurers In Honeywell Asbestos Claims

In Continental Ins. Co. v. Honeywell International Inc., 2018 NJ Slip Op 078152 (N.J. 2018), the New Jersey Supreme Court affirmed the decisions of the appellate and trial courts applying the unavailability exception to the continuous-trigger doctrine set forth in Owens-Illinois, Inc. v. United Ins. Co., 138 N.J. 437 (1994).

New York Appellate Court Requires Attentive Compliance To Guidelines For Both Claimants And Workers’ Compensation Board

In the Matter of the Claim of Scott Bloomingdale v. Reale Construction Co. Inc., Workers’ Compensation Board, 2018 NY Slip Op 03575 (3d Dept. 2018), the Third Department opined on two different issues. The first issue was what level of activity constituted a claimant’s “attachment to the labor market” for purposes of determining whether the claimant was entitled to his award.

New Jersey Appellate Court Upholds Decision Declaring That A High/Low Agreement On A Medical Malpractice Case Is Subject To Workers’ Compensation Lien Even When No Liability Is Found

The New Jersey Superior Court, Appellate Division, recently affirmed a ruling on appeal that required the Plaintiff to satisfy the worker’s compensation lien on a medical malpractice suit settled using a high/low agreement. The malpractice claim was based on treatment received by Plaintiff following a work-related injury.

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