Articles by Andrew G. Simpson

DC Appellate Court Asks for Guidance in Case of Intoxicated Man’s Fall from Train Platform

The federal circuit appeals court for the District of Columbia (D.C.) has asked D.C’s highest court for guidance on the standard of negligence in a case involving a noticeably intoxicated man who died after falling from a train platform into …

Pennsylvania Law Assures Medical Expense Coverage for Injured Unlicensed Driver

An unlicensed driver exclusion in a Pennsylvania auto insurance policy does not apply to allow an insurer to deny statutorily mandated first party medical expense benefits, the Pennsylvania Superior Court has ruled. The appeals court found that the exclusion does …

Wegman’s Has Right to Question Injured Worker’s Doctor, Rules New York’s High Court

Wegman’s Food Markets was wrongly denied an opportunity to cross-examine an injured employee’s doctor, the New York Court of Appeals has ruled, overturning rulings by a workers’ compensation law judge, the New York State Workers’ Compensation Board and a lower …

Judge Blocks Chubb Exit From New York Diocese’s Thousands of Child Sex Abuse Suits

A New York judge has ruled that the “plain language” of Chubb Insurance policies dictates that the insurer must cover the Archdiocese of New York parishes and schools as they contend with thousands of sex abuse lawsuits. Chubb has balked …

New York Law Bars Subrogation by Lloyd’s in LaGuardia Project, Appeals Court Affirms

A federal appeals court has declared that New York law prevents Lloyd’s from recovering some loss payments from Zurich American because Zurich’s insured was also an insured of Lloyd’s in a case involving a construction project at LaGuardia Airport. The …

Maryland’s Workers’ Compensation Bars Non-Dependent Child’s Wrongful Death Claim

A non-dependent adult child whose father died on the job does not have a right to bring a wrongful death claim against her late father’s employer, the Maryland Appellate Court has ruled. The appeals court affirmed a circuit court that …

Travelers Wins CGL v. E&O Battle in Insurance Agency Defamation Case

Travelers Casualty Insurance Co. did not owe a duty to defend or indemnify its insured, CBIZ Borden-Perlman Insurance Agency, Inc., in a tort action in which Republic, as another insurer of B-P, bore the litigation and settlement costs, a federal …

Supreme Court Ducks Hotel’s Challenge to Disability Access Tester’s Right to Sue

The U.S. Supreme Court has passed on deciding whether private citizen “testers” who search online for and then sue companies that appear to not be in compliance with federal disability regulations have standing to sue. However, the high court advised …

Fishing Community Mayor, Top Officials Off the Hook in Retaliation Claims

The mayor and other city officials in the fishing community of Gloucester, Massachusetts are protected under qualified immunity against claims by the city’s harbormaster that they violated his First Amendment rights. The harbormaster sued the mayor, city solicitor, chief administrative …

Lawsuit Blames Negligence by Plant Owner, HVAC Contractors for Cannabis Worker’s Asthma Death

A lawsuit has been filed over what has been identified as the cannabis industry’s first asthma workplace death. The mother of a worker who died from an asthma attack at a Massachusetts cannabis processing plant in 2022 has brought wrongful …