Everest commercial excess insurance liability policy provided that obligation was to pay the lesser of the $2 million coverage limit called for under a trade contract or $10 million limit of the policy. Insurer argued that it was entitled to an off-set of $1 million paid by the primary insurer.
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Pardalis & Nohavicka Criminal Law Update: The Case of the Bad Grandpa (Harassment Is Not A Lesser Included Offense Of Attempted Assault)
A woman was going up the stairs of her senior community home when defendant came out of a neighbor's apartment, waited, then walked down the same staircase and banged into her with his shoulder. The woman did not suffer any physical injuries because she fell back against her husband who
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Pardalis & Nohavicka Insurance Coverage Update: No Insurance Coverage For Violent Host
The insured punched a visitor three times in the face before the visitor blacked out. Insured was arrested and pled guilty to disorderly conduct. Tower Insurance, denied coverage based on a homeowner policy exclusion for bodily injury that was expected or intended by one or more insureds. No coverage. Tower
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Pardalis & Nohavicka Insurance Law Update: State Insurance Fund Permitted to Assert Workers' Comp Lien on BI Settlement Proceeds
The phrase "recovery from such other" in Workers Compensation Law §29(1), which governs the rights and obligations of employees and compensation carriers with respect to actions arising from injuries caused by third-party tortfeasors, does not limit the enforcement of the WC lien solely as against a negligent tortfeasor who caused
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Pardalis & Nohavicka Premises Liability Update: The Viable Vigilant- Manager Defense:
Customer slipped and fell on water in Met Food in the Bronx, and sued. Manager testified that he personally inspected the floor near accident location on a constant basis, that no spills were observed, and no complaints made. Customer's statement was that the water was dirty and contained the marks
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