June 9 | Insurance Advocate

2014/ June 9/ Past Issues

I’ve Made Up My Mind – Don’t Confuse Me With Facts

Barry Zalma On My Radar June 9, 2014

The Four Corners Rule, applied in Pennsylvania and several other states, limits the decision to defend and/or indemnify an insured to a review of the allegations of a complaint. As such, it ignores facts extrinsic from the wording of the complaint, and provides an insured with coverage that would not exist if the court applied the facts rather than the allegations. In Lanigan v. T.H.E. Insurance Co., 646 WDA 2013 (Pa.Super. 03/14/2014), a Pennsylvania appellate court was asked to reverse a summary judgment in favor of an insurer by ignoring the facts and applying only the allegations of the complaint.

2014/ June 9/ Past Issues

Court of Appeals: City Liable for Permitting Bicyclist to Enter Road That Was Closed for Repairs

Lawrence Rogak Courtside June 9, 2014

Wittorf v City of New York (2014 NY Slip Op 04037)
We are asked in this case if the City of New York was engaged in a proprietary function at the time of plaintiff ’s bicycle accident in order to determine if the jury properly evaluated the City’s actions under ordinary negligence principles.

2014/ June 9/ Past Issues

Asbestos Litigation Creates Vague Notions About the Law

Insurance Advocate On My Radar June 9, 2014

When some primary insurers exhaust their policy limits, excess insurers must take over the defense and indemnity of the insured as their interests appear. When there are multiple primary and excess insurers the allocation of the costs of defense and indemnity become complicated and result in litigation when the multiple parties should work together to […]