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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


11/5/2009
Jonathan Cooper
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In an "off-the-beat" case, Kassis v. Ohio Casualty Ins. Co., 12 N.Y.3d 595, 885 N.Y.S.2d 241 (2009), New York's Court of Appeals (the highest court in New York State) held in favor of a landlord - and against his tenant's liability insurer - that since the lease required the tenant to name the landlord as an additional insured on their liability policy for their "mutual benefit," the landlord was automatically deemed an additional insured under the policy, even though the landlord wasn't in fact named on the policy at all.  Consequently, by dint of the Court's holding, the insurer was obligated to not only defend the landlord in the underlying personal injury action that arose from a worker's claim that he was injured when he slipped and fell on snow fronting the landlord's property, but the insurer was also required to indemnify the landlord for any settlement or judgment up to the policy's full liability limits.

A word of caution is in order, however, and here's why: a perusal of this decision suggests that this ruling is of limited scope, and confined to the particular facts of this case. Specifically, in rendering the opinion, Chief Judge Lippman notes that the insurance policy in this case had a provision that extended coverage to the named insured as well as “any person or organization whom [the named insured is] required to name as an additional insured." 

Nevertheless, this decision serves as yet another reminder to small businesses in New York why you should never assume the validity of an insurer's disclaimer of coverage.


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10/15/2009
Jonathan Cooper
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New York Appeals Court Forces Insurer To Defend Construction Company in Personal Injury Lawsuit

In this article, Long Island, New York construction site accident lawyer Jonathan Cooper discusses how a New York appeals court recently issued an order compelling an insurer to defend and indemnify its insured against a worker's construction site accident and personal injury claim. For additional FREE information on construction site accidents under New York law, please visit www.JonathanCooperLaw.com.

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6/14/2009
Jonathan Cooper
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Study Claims That Employee Theft Rises as Economy Worsens

Jonathan Cooper talks about the economy currently

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6/5/2009
Jonathan Cooper
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Sometimes those of us who litigate and try cases for a living, whether in the context of small business litigation, personal injury or defective products lawsuits,  tend to get "tunnel vision," and fail to see the forest for the trees. That's why an otherwise unremarkable jury verdict out of the Federal Court in Brooklyn, New York is important: it is a potent reminder to trial lawyers everywhere to remain mindful of the credibility of your witnesses in evaluating the viability and value your case.

In this particular case, there was a stark factual discrepancy between the plaintiff, who alleged that he was pushed off the roof of a 3 story apartment building by a police officer that was chasing him, and the police officer's claim that the plaintiff was in the process of running away from the police when the plaintiff lost his grip on the roof's ledge.

The jury sided with the plaintiff, finding more credible the claim by plaintiff. I suspect that the reason they bought plaintiff's version of events is because he conceded that the police officer did not intend to push him off the roof; according to the plaintiff, the police officer merely intended to push him off of a short 2 foot high paparet wall. And by conceding that small point, or "giving a little," he got a lot: the jury awarded him $4.6 million in damages for his personal injuries, which were quite severe: a fractured spine which resulted in paralysis.

 



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6/3/2009
Jonathan Cooper
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Building A Winning Case

Lawyer Jonathan Cooper talks about his favorite blog and a recent post

Category: Keyword Search: small business attorney long island