TAMPA, Florida (August 2017) – In a Florida case, a plaintiff brought a premises liability claim against our client for negligent security and insufficient lighting where the plaintiff alleged he was attacked, robbed at gunpoint, and sustained a gunshot wound on our client’s commercial property. Attorney Regina Henderson discovered the plaintiff himself actually was on the premises to perpetrate a crime at the time he […]
Author: Defense Counsel
Prior to September 4, 2018 and the enactment by the Delaware Legislature of a law requiring insurance companies to disclose bodily injury limits in auto policies, insurance companies were not required in Delaware to disclose coverage limits prior to litigation, to third-parties, claimants, or their attorneys. The practice of nondisclosure predates the 1930s, and is a remnant from a time when insurance contracts and their […]
(December 20, 2018) MSZL&M Property Group has recently secured a recovery for a Fortune 50 financial institution against multiple Defendants for a catastrophic failure of High Efficiency Computer Room Air Conditioner (CRAC Unit). This unit was mechanically connected to a building wide glycol mix cooling system and the internal BMS (Building Management System) that allowed the property manager to monitor the units. After only […]
(December 6, 2018) On July 22, 2011, during a complete renovation of the Tioga Marine Terminal II Warehouse in Philadelphia, a fire originated on the roof 10 hours after our client, the roofing contractor, left the jobsite. Two years later, the Commonwealth filed suit against the General Contractor, who quickly joined our client. Fortunately for us, the suit was filed in the statutorily constructed […]
(November 15, 2018) Bradley Shafer, partner in the firm’s Wheeling, West Virginia office scored a huge victory for its client fighting off a retaliatory discharge claim. Not only did Shafer obtain an arbitration award in the client’s favor, but he also recovered all attorney’s fees and costs associated with litigating the enforcement of the arbitration agreement. Employee Resource Group LLC operates several Wendy’s franchise […]
Philadelphia, Pennsylvania (October 2018) – Attorney Robert W. Shaw, III, Esquire, of Mintzer Sarowitz, Zeris, Ledva & Meyers’ Philadelphia office, recently obtained a defense verdict in the Court of Common Pleas of Philadelphia County in favor of a contractor in a case in which Plaintiff alleged that she suffered from Complex Regional Pain Syndrome (CRPS) and Post Concussion Syndrome as a result of driving […]
The New Jersey Supreme Court recently held that an insured’s failure to give an underinsured motorist (UIM) carrier notice of litigation until after final resolution of the underlying tort action caused irretrievable loss of the carrier’s rights to subrogate and intervene in the action, and, therefore, the UIM carrier did not need to show prejudice to deny benefits under the policy. Ferrante v. New […]
In New Jersey, an insurance carrier is not required to provide notice of cancellation to it’s insured when an insurance premium finance company agreement is involved. When an insurance carrier cancels an insured’s policy due to default, it must comply with the statutory requirements provided in N.J.S.A. 17:29C-8, including providing at least fifteen days notice prior to cancellation and proof of mailing of notice […]
MIAMI, Florida (May 2018) – In a Florida case, a plaintiff brought a premises liability claim against our client for an alleged trip-and-fall in the common area of an apartment complex where she lived. The plaintiff claimed she sustained multiple injuries and underwent back surgery as a result of this incident. The plaintiff repeatedly lied under oath at her deposition and in her answers to […]
The New Jersey Supreme Court recently clarified that liability under the Comparative Negligence Act (“CNA”) can be apportioned to “phantom defendants,” those whom are known to have been involved in the accident but are unidentified. Krzylakski Decision In Krzylakski v. Tindall No. A-55-16 (N.J. April 17, 2018) Plaintiff Mark Kryzykalski was driving a car in the left lane of a road in Florence Township, New Jersey. Defendant […]
