Publications
Ohio Supreme Court Applies Contract Language to Determine if Permissive User Qualifies as an Insured Under a Personal Auto Policy.
This lawsuit involved a dispute as to which insurance policy should provide liability coverage for an auto accident. The driver, Ashton Smith, was insured by Acuity. He was driving a car insured by Progressive.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida Court of Appeals Holds that an EEOC Charge Does Not Need to Specifically Allege the Florida Civil Rights Act to Exhaust Administrative Remedies Prior to Filing a Lawsuit.
Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved party cite to the Florida Civil Rights Act (FRCA) in a charge filed with the EEOC.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.
The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for Hurricane Irma damages almost three years after landfall.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Holds that MVFRL Does Not Require Insurers to Provide a Later-added Named Insured Notice of Opportunity to Elect or Waive Stacked Coverage.
Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik had signed a stacking of coverage waiver at least twice before Mrs.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court Continues to Apply Gist of the Action Doctrine to Legal Malpractice Claims.
The Pennsylvania Superior Court affirmed a trial court ruling dismissing a legal malpractice breach of contract claim as barred by the gist of the action doctrine.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey District Court Affirms Irrelevance of Breach of Contract Claims in Cases Involving Woerner Actions.
The plaintiffs had maintained a professional liability insurance policy with Hanover from October 2017 to October 2019. They alleged that the policy was secured through USI, an insurance broker.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.