0 results for 'Litchfield Cavo'
Panel Revives Malpractice Claim Against Attorney
A unanimous First Department panel has reinstated a legal malpractice case accusing Manhattan attorney Edward M. Fogarty of depriving a client of a $194,000 judgment through a procedural error.Insurer Allowed To Drop Hot Potato Lawyer
While former Fairfield lawyer John M. Claydon Jr. sits in jail, his former malpractice insurer, Liberty International Underwriters, is free from any obligation to pay any claims against him.Indemnity Provisions: Take My Negligence...Please
Louis F. Eckert, a partner with Litchfield Cavo, and Russel McBrearty, a senior associate with the firm, write: Case law is abundant in finding contractual provisions exempting a party from its own negligence, where there was no gross negligence and no statutory exception applies. The easy case is where such a provision expressly provides for such indemnity. However, some contractual provisions of this nature are written more broadly, and indemnification exempting a party from its own negligence must be shown through interpretation of the provision to be clear and unambiguous.
Traumatic Brain Injury: When Is a Grave Injury Not a 'Grave Injury?'
Louis F. Eckert, a partner at Litchfield Cavo, and Michael Kozoriz, a senior associate at the firm, write that an employer of an injured worker covered by Workers' Compensation is immune from claims for common law indemnification and contribution in a subsequent civil action provided that the worker has not sustained a "grave injury" as that term is defined by Workers' Compensation Law §11.Court Approves $365,000 Award in Legal Malpractice Lawsuit
Manhattan Supreme Court Justice Louis York said on Monday that a construction company established that attorney Edward Fogarty Jr. "was negligent in going ahead with a patently meritless claim" against a surety company in New York "without making any attempt to see if a viable claim remained in New Jersey."
Satisfying Judgment Before Right to Indemnification Is Vindicated
Louis F. Eckert, a senior partner with Litchfield Cavo, and Michael J. Kozoriz, a senior associate with the firm, review cases that demonstrate the costly decision that a defendant or its insurer makes in delaying payment of a judgment or not participating in a settlement where there is a reasonable likelihood that it will be called upon to indemnify another party that has satisfied a claim.Insurers Still Owe in Crane Case
A Wisconsin judge denied the claim of two insurance companies who had challenged their liability for $75 million of insurance coverage in a crane accident that killed three men working on the Milwaukee Brewers' new ballpark. The case stemmed from a December 2000 jury verdict ordering Mitsubishi Heavy Industries of America to pay $99.25 million in damages, $94 million of it punitives.Insurer Pays $3.75 Million To Settle Suit Over Factory Fire Coverage
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