News & Analysis as of

Car Accident Summary Judgment

Rumberger | Kirk

Third DCA Holds that Insurer and Insured Can Agree to Alternative Means of Policy Cancellation

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On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more

Tyson & Mendes LLP

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

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In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more

Marshall Dennehey

Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal...

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McGovern v. Basich, No. A-3951-21, 2023 WL 8613540 (N.J. Super. Ct. App. Div. Dec. 13, 2023) - This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

Marshall Dennehey

Defendant Driver Succeeds on Summary Judgment Where there Was No Evidence of Negligence When Driver Collided with a Turning...

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Glass-Hill v. Gordon, 2023 Wl 5202615, No. N21C-11204 (SPL) (Del. Super. Ct. Aug. 14, 2023) - This action involved a motor vehicle collision where the facts were not in dispute. It was agreed the plaintiff approached an...more

Marshall Dennehey

Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment

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O’Neal v. Allstate Insurance Co., 2023 WL 4704684 - In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue...more

Marshall Dennehey

Remote Management of a Restaurant Is Not Enough to Find an Employee Was Acting Within the Scope and Course of His Employment

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Loftus v. Three Palms Croaker Park, LLC, 211 N.E.3d 771, Ohio App. 8 Dist., 2023 - The issue in this case was whether the employee was in the course and scope of employment and/or acting in furtherance of the employer’s...more

Marshall Dennehey

Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity

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Adesokan v. Town of Bloomfield, 347 Conn. 416, 297 A.3d 983 (2023) - This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal...more

Marshall Dennehey

The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident

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O'Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023) - In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street...more

Marshall Dennehey

New Jersey Superior Court Concludes That Grant of Summary Judgment on Basis of New Jersey Tort Claims Act Was Improper Because a...

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Angeles v. Ruiz, Not Reported in Atl. Rptr., 2023 WL 3669914 - The trial court found that the defendant/township and its snowplow driver were entitled to summary judgment after an accident that occurred while the snowplow...more

Marshall Dennehey

New York Court Affirmed Trial Court’s Denial of Plaintiff’s Motion for Summary Judgment and Held That a Party Should Be Afforded a...

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Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023) - The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability...more

Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action,...

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Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 (Ohio App. Apr. 4, 2023) - This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Affirmed Trial Court’s Grant of Summary Judgment in Favor of Plaintiff on Issue of...

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Mei v. Cheung 187 N.Y.S. 3d 311, (N.Y. App. Div. 2d Dept. 2023) - The plaintiff was struck by the defendant’s vehicle as she crossed the street. Through deposition testimony, the plaintiff demonstrated that she crossed in the...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Reversed Trial Court’s Denial of Defendant’s Motion for Summary Judgment on Issue of...

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Ohl v. Smith 186 N.Y.S. 3d 721, (N.Y. App. Div. 3d Dept. 2023) - The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant. The defendant claimed he had the right-of-way, and thus...more

Marshall Dennehey

Delaware Court Finds ‘Issue of Fact’ Precluding Summary Judgment, Despite Metadata in Photograph Files Proving the Issue, That the...

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This action involved a motor vehicle collision where the factual dispute at issue on summary judgment addressed whether the plaintiff had timely filed her complaint. The plaintiff filed her action on November 3, 2020,...more

Marshall Dennehey

Tractor-trailer Slamming Into Traffic Stopped Due to Prior Accident Was a “Foreseeable Byproduct” of Initial Accident, Barring...

Marshall Dennehey on

This highly interesting decision claims to be in line with our jurisdictions, but it appears to carve out additional liability, even in situations where the party seeking summary judgment is not the proximate cause of the...more

Butler Snow LLP

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

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In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

Roetzel & Andress

22 Affirmative Defenses for 2022

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As we say hello to a new year, let’s review 22 of the most common Affirmative Defense available to you under Ohio law. Most cases that we defend involve at least one, and usually more than one, of these defenses. Often the...more

Rumberger | Kirk

11th Circuit Reaffirms Insurers Can Still Prevail as a Matter of Law in Post-Harvey v. Geico Landscape

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On June 1, 2021, theEleventh Circuit Court of Appeals affirmed a summary judgment granted in favor of an insurer in a third party bad faith claim. The case, Eres v. Progressive American Insurance Company, Case No. 20-11006,...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2021

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Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more

White and Williams LLP

Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

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Back in the day, additional insureds were oftentimes afforded coverage for liability “arising out of” the named insured’s work for the additional insured. When confronted with such language, courts often concluded that it...more

Proskauer Rose LLP

Three Point Shot - February 2020

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Carlton Fields

Florida Court Holds Carrier’s Basis for Botched $149K Ferrari Payment Defied “Common Sense”

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A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...more

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