0 results for ''Margolis Edelstein''
No action clause in D&O insurance policy was enforceable and precluded insured from filing legal action against the insurer until the insured's financial obligations were fixed in an underlying litigation.
Trial court erred in dismissing legal malpractice complaint on a superseding cause defense where it failed to address plaintiff's contention that defendant's negligent representation resulted in the parties failing to prevail on all claims in the underlying action, which would have negated the superseding event.
Chancery court erred in awarding fee shifting in public interest litigation where the case effectively obtained a benefit no greater than simply compelling the government to properly perform its duties.
Concluding that the facts alleged for the breach of contract claim in the original complaint were similar to those pled in the claim for tortious interference in the amended complaint, the court denied defendant's motion to dismiss finding that defendant was provided sufficient notice of the tortious interference claim to relate back to the original complaint.
Negligence and tortious interference claims against insurer brought by insurance agent failed where insurer lacked specific knowledge of the business relationship between the agent and the agent's client and would not have reason to know they would be liable for damage arising from the client's termination of the agent's services following the insurer's policy cancellation.
Superior Court correctly applied Sutton rule to bar landlord's insurer from pursuing subrogation against tenants who negligently damaged the property, where the lease contained no provision demonstrating that the landlord and tenant expressly intended for the tenant to obtain their own insurance or to be barred from coverage under the landlord's policy.
Insurance agent's professional negligence claims against insurance provider arising from the agent's termination by his client failed where agent could not allege a duty of care by the provider, which had no reason to know that the agent's continued retention by his client would be conditioned on the provider's performance under the insurance policy.
Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.
Bank violated federal regulations governing overdraft policy notices where bank used template language in the regulation, which may not accurately describe bank's specific overdraft policy.
Court denied application to take interlocutory appeal from order finding plaintiffs were entitled to an award of fees and costs in suit to challenge school district taxation, where the order did not fix the amount of the award, and an interlocutory appeal risked piecemeal litigation.
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