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.

Download this Publication as a PDF

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • Orlando

    Florida 32801

    618 E. South Street

    Suite 500

    Orlando, Florida 32801

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman