East Coast CM Report of Recent Decisions – 2016 Vol. 4

January 30, 2017 / CM Reports

EastCoastCmReportCoverArticles in this report

Maryland District Court Says Insureds Who Reject Panel Counsel In Favor Of Their Own Have To “Pay To Play,” Forfeiting Their Right To Defense And Indemnification From Their Insurer

The United States District Court for the District of Maryland recently settled an oft-addressed dispute regarding whether an insured is entitled to independent counsel (not panel counsel), when its insurer is defending it under a reservation of rights.

“With Whom” OR “For Whom”; NY Appellate Court Will Not Allow Equitable Considerations to Extend Coverage

In Gilbane Bldg. Co. v. St. Paul Fire & Marine Ins. Co., (2016 NY Slip Op 6052, decided on September 15, 2016), the First Department heard arguments concerning the interpretation of the additional insurance endorsement in a commercial general liability (CGL) policy which provided that an additional insured is “any person or organization with whom you [the insured] have agreed to add as an additional insured by written contract.”

The Summary Judgment Motion Standard

In Pullman v. Silverman, 2016 N.Y. Slip. Op. 07107 (Court of Appeals of New York, November 1, 2016), the Court overruled the previous order of the Appellate Division granting Defendant physician’s summary judgment motion, and held that Defendant’s motion for summary judgment should have been denied.

Second Circuit Holds That The Arbitration Clause In The Body Of A Reinsurance Certificate Is Controlling And Not Displaced By An Endorsement Expressly Limited To U.K. And Bermuda Insurers

The Second Circuit recently held that New York’s Metropolitan Transportation Authority’s captive, First Mutual Transportation Assurance Co. (“First Mutual”), cannot compel the Swiss reinsurer Infrassure, Ltd. (“Infrassure”) to arbitrate in London. Infrassure, Ltd. v. First Mut. Transp. Assur. Co., No. 16-306, 2016 U.S. App. LEXIS 20529 (2d Cir. Nov.16, 2016).

I Need More Time! What Constitutes Sufficient Time To Ameliorate A Hazard In A Storm In Progress, Snow And Ice Context

That a defendant acted reasonably or that it was not afforded a reasonable time period to remedy a hazard on its property is an often overlooked valuable weapon a litigator should use when defending a case in the realm of personal injury.

New Jersey Appellate Court Washes Away Insurer’s Water Damage Claim By Applying The Entire Controversy Doctrine

In Franklin Mutual Insurance Company v. Castle Restoration and Construction, Inc. and Falcon Engineering Co., LLC, Case Number A-5272-14T2, in the Superior Court of New Jersey, Appellate Division (2016), the New Jersey Appellate Division employed the Entire Controversy Doctrine and held that Franklin Mutual Insurance (“Franklin Mutual”) could not pursue its subrogation claim against Falcon Engineering Company, LLC (“Falcon”).

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: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    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, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • 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