Skip to content

Personal Injury Law: Defendant’s motion to strike is granted based on the plaintiff’s failure to allege that the defendant-owner of the hockey rink violated a duty owed to the plaintiff after he was injured by an opponent during an adult hockey league game

The plaintiff was allegedly injured by an opposing player during an adult hockey league game at a skating rink owned and operated by the defendant. The defendant moves to strike Count Three of the plaintiff’s complaint, which asserts a claim…

Read more

INSURANCE COVERAGE: Court holds that plaintiff lacks standing to bring direct claims against insurance company as plaintiff is not a named insured nor an intended third-party beneficiary and there has been no claim for subrogation or a final judgment entered regarding liability

Overview of the Case The defendant, Progressive Casualty Insurance Company, moves to dismiss several counts of the plaintiff’s complaint for lack of subject matter jurisdiction. The plaintiff brought this action against Progressive, GL Transport, LLC, and the individual driver regarding…

Read more

Insurance Coverage: Court strikes three counts from plaintiff’s complaint due to improper misjoinder of claims that did not arise out of the same facts or transactions

The defendant, Pacific Specialty Insurance Company, filed a motion to strike counts one, two, and three of the plaintiffs’ revised complaint. Pacific Specialty contended that the claims therein were misjoined with the claims alleged in counts four and five against…

Read more

Insurance Coverage: Court finds insurance company’s underinsured motorist provision applicable even though collision did not occur in the policy’s covered auto

The plaintiffs commenced this action seeking underinsured motorist coverage benefits from four insurers, including the defendant, Ohio Casualty Insurance Company. The plaintiff alleges that he was operating a motor vehicle insured by Markel Insurance Company on Interstate 78 in Pennsylvania…

Read more

Premises Liability: Condominium owner obtains summary judgment as to area controlled by association, but is denied summary judgment as to common area unit owner repaired on his own

The plaintiff tenant commenced this lawsuit against the defendants, Meriden Eastwood after the plaintiff was allegedly caused to slip and fall on January 21, 2019 in the parking lot and then again on January 25, 2019 on the exterior stairway…

Read more