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Port Auth. of Ny & Nj v. Affiliated Fm Ins. Co.
Carlene V. McIntyre (Argued), Hugh H. Welsh, Milton H. Pachter, Michael D. Driscoll, Shirley J. Goldstein, Ezra I. Bialik, Dolores J. Ostaszewski, Law Department, the Port Authority of New York and New Jersey, New York, NY, for Appellants.
Kenneth W. Erickson (Argued), Matthew M. Burke, Jane E. Willis, David M. Stringer, Ropes & Gray, Boston, MA, for Appellees, Coleridge and London Market Companies, Icarom, P.L.C., Lexington Insurance Company, Baltica Insurance Company, CNA Reinsurance of London Limited, Compagnie D'Assurances Maritimes Aeriennes Et Terrestres, S.A., Compagnie Europeenne D'Assurances Industrielles S.A., Excess Insurance Company Limited, Folksam International Insurance Company Limited, Insco Limited, River Thames Insurance Company Limited, Scottish Lion Insurance Company, Simcoe and Erie General Insurance Company, St. Katherine Insurance Company, Terra Nova Insurance Company Limited, Turegum Insurance Company, "Winterthur" Swiss Insurance Company, Yasuda Fire & Marine Insurance Company, Certain London Market Companies and Assicurazioni Generali, S.p.A.
Gregory R. Haworth, Duane, Morris LLP, Newark, NJ, for Appellee, Coleridge and London Market Companies.
Matthew S. Ponzi, Thomas B. Orlando, Foran Glennon Palandech & Ponzi, Chicago, IL, for Appellee, United Fire & Casualty Company.
Richard M. Mackowsky, Michael R. McCarty, Cozen & O'Connor, Philadelphia, PA, Andrew S. Amer, Simpson, Thacher & Bartlett, New York, NY, for Appellees, Hartford Fire Insurance Company and Hartford Accident & Indemnity Company.
Stuart Cotton, Jeffrey S. Weinstein, Mound, Cotton, Wollan & Greengrass, New York, NY, for Appellees, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Insurance Company of the State of Pennsylvania, Lexington Insurance Company and Providence Washington Insurance Company.
H. Richard Chattman, Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, Newark, NJ, for Appellee, Affiliated FM Insurance Company.
Peter E. Kanaris, Lawrence D. Mason, Daar, Fisher, Kanaris & Vanek, Chicago, IL, for Appellees, Allianz Insurance Company, Continental Insurance Company, Employers Mutual Casualty Company, Federal Insurance Company and Home Indemnity Company.
Jerrald H. Hochman, Siegal & Napierkowski, Cherry Hill, NJ, for Appellee, Insurance Company of North America.
Before NYGAARD, ROTH, and WEIS, Circuit Judges.
OPINION OF THE COURT
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4 cases
Elegant Massage, LLC v. State Farm Mut. Auto. Ins. Co.
"...risk of rockslide suffered direct physical loss even in the absence of structural damage); See Port Authority of N.Y. & N.J. v. Affiliated FM Ins. Co. , 311 F.3d 226, 236 (3d Cir. 2002) (" ‘[P]hysical loss or damage’ occurs only if an actual release of asbestos fibers ... has resulted in co..."
Caplan v. L Brands/Victoria's Secret Stores, LLC
"...by the movant.’ " Corliss v. Varner , 247 Fed.Appx. 353, 354 (3d Cir. 2007) (quoting Port Auth. of N.Y. and N.J. v. Affiliated FM Ins. Co. , 311 F.3d 226, 233 (3d Cir. 2002) ).IV. DISCUSSION A. § 1981 Claim (Count I)42 U.S.C. § 1981 was enacted to deter racial discrimination in the formatio..."
Jefferies v. Ameriquest Mortg. Co.
"...and therefore has not shown there is a genuine issue of material fact regarding this allegation. See Port Auth. of N.Y. & N.J. v. Affiliated FM Ins. Co., 311 F.3d 226, 233 (3d Cir.2002) ("The non-movant may not rest upon mere allegations, general denials, or vague statements in opposition t..."
Associated Aviation Underwriters v. Wood
"...Ass'n, Inc. v. N. Am. Specialty Ins. Co., 332 N.J.Super. 85, 752 A.2d 837, 840 (Ct.App.Div.2000); see also Port Auth. v. Affiliated FM Ins. Co., 311 F.3d 226, 233 (3d Cir.2002); cf. Owens-Illinois, 650 A.2d at 985, quoting Ayers, 525 A.2d at 314 ("'[M]ass-exposure toxic-tort cases involve p..."
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Chapter 5
"...ed. 1992). [120] See ISO Form CG 00 01 10 01.[121] See, e.g., Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir. 2002). The primary aim of third-party insurance is to defend and indemnify insureds against liability for claims made against th..."
CHAPTER 2 Types, Lines, and Categories of Applicable Insurance
"...insurance, and fire insurance.’ ” See also: Third Circuit: Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226 (3d Cir. 2002). Fourth Circuit: ABT Building Products Corp. v. National Union Fire Insurance Co. of Pittsburgh, Inc., 472 F.3d 99 (4th Cir. 2006)..."
CHAPTER 5 Comprehensive or Commercial General Liability (CGL) Insurance: Coverage A for "Bodily Injury" or "Property Damage" Liabilities
"...ed. 1992). [122] See ISO Form CG 00 01 10 01.[123] See, e.g., Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir. 2002). The primary aim of third-party insurance is to defend and indemnify insureds against liability for claims made against th..."
Chapter 2
"...insurance, and fire insurance.’ ” See also: Third Circuit: Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226 (3d Cir. 2002). Fourth Circuit: ABT Building Products Corp. v. National Union Fire Insurance Co. of Pittsburgh, Inc., 472 F.3d 99 (4th Cir. 2006)..."
CHAPTER 4 First-Party Insurance
"...47 (2d Cir. 1992), certified question withdrawn 984 F.2d 69 (2d Cir. 1993). Third Circuit: Port Authority v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir. 2002); Reinert v. Nationwide Insurance Co., 2013 WL 1311097 (E.D. Pa. Apr. 2, 2013); Daniel B. Fuss Builders-Contractors, Inc...."
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DC Court Finds No Coverage for COVID-19 Losses Where Plaintiffs Could Not Show That Property Sustained Direct Physical Loss
"...some compromise to the physical integrity of the insured property.” See Port Authority of N.Y. & N.J. v. Affiliated FM Ins. Co., 311 F.3d 226, 236 (3d Cir. 2002) (presence of asbestos in building was not “physical loss” because building owner could not show real or imminent “contaminati..."
Drafting Effective RWI Coverage Exclusions
"...LLC, Index No. 656825/2019 (N.Y. Sup. Ct. Jan. 19, 2021), Doc. No. 67. 4. See, e.g., Port Auth. of NY & NJ v. Affiliated FM Ins. Co., 311 F.3d 226, 235 (3d Cir. 2002) ("One of the frequently cited reasons for interpreting language in favor of the insured is that insurance policies are gener..."
Missouri Court Rules in Favor of Business Owners in COVID-19 Coverage Lawsuit
"...& Marine Ins. Co., Case No. 16-CV-13250 CDP (E.D.Mo. May 2, 2018); Port Auth. Of New York and New Jersey v. Affiliated FM Ins. Co., 311 F.3d 226, 236 (3d Cir. 2002). (Order at 9-10.) Accordingly, the court denied the motion to dismiss and allowed the case to proceed to The court also di..."
Business Interruption Coverage in the Year of COVID-19
"...‘a distinct, demonstrable, and physical alteration’ of its structure.” Port Auth. of New York & New Jersey v. Affiliated FM Ins. Co., 311 F.3d 226, 235 (3d Cir. 2002). Allegations of physical damage to a building from “sources unnoticeable to the naked eye must meet a highest threshold...."
New Jersey Court: Loss of Use – Without More – Can Be “Direct Physical Loss or Damage”
"...caused by a covered cause of loss or by an excluded peril as the insurer alleged. Richard Bennett Port Authority of N.Y. & N.J. v. Affiliated FM Ins. Co., 311 F.3d 226 (3rd Cir. 2002) stood for the proposition that that constituted physical loss or damage. In the former, an electrical grid ..."
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5 books and journal articles
Chapter 5
"...ed. 1992). [120] See ISO Form CG 00 01 10 01.[121] See, e.g., Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir. 2002). The primary aim of third-party insurance is to defend and indemnify insureds against liability for claims made against th..."
CHAPTER 2 Types, Lines, and Categories of Applicable Insurance
"...insurance, and fire insurance.’ ” See also: Third Circuit: Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226 (3d Cir. 2002). Fourth Circuit: ABT Building Products Corp. v. National Union Fire Insurance Co. of Pittsburgh, Inc., 472 F.3d 99 (4th Cir. 2006)..."
CHAPTER 5 Comprehensive or Commercial General Liability (CGL) Insurance: Coverage A for "Bodily Injury" or "Property Damage" Liabilities
"...ed. 1992). [122] See ISO Form CG 00 01 10 01.[123] See, e.g., Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir. 2002). The primary aim of third-party insurance is to defend and indemnify insureds against liability for claims made against th..."
Chapter 2
"...insurance, and fire insurance.’ ” See also: Third Circuit: Port Authority of New York and New Jersey v. Affiliated FM Insurance Co., 311 F.3d 226 (3d Cir. 2002). Fourth Circuit: ABT Building Products Corp. v. National Union Fire Insurance Co. of Pittsburgh, Inc., 472 F.3d 99 (4th Cir. 2006)..."
CHAPTER 4 First-Party Insurance
"...47 (2d Cir. 1992), certified question withdrawn 984 F.2d 69 (2d Cir. 1993). Third Circuit: Port Authority v. Affiliated FM Insurance Co., 311 F.3d 226, 233 (3d Cir. 2002); Reinert v. Nationwide Insurance Co., 2013 WL 1311097 (E.D. Pa. Apr. 2, 2013); Daniel B. Fuss Builders-Contractors, Inc...."
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Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
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Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
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Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
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Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
4 cases
Elegant Massage, LLC v. State Farm Mut. Auto. Ins. Co.
"...risk of rockslide suffered direct physical loss even in the absence of structural damage); See Port Authority of N.Y. & N.J. v. Affiliated FM Ins. Co. , 311 F.3d 226, 236 (3d Cir. 2002) (" ‘[P]hysical loss or damage’ occurs only if an actual release of asbestos fibers ... has resulted in co..."
Caplan v. L Brands/Victoria's Secret Stores, LLC
"...by the movant.’ " Corliss v. Varner , 247 Fed.Appx. 353, 354 (3d Cir. 2007) (quoting Port Auth. of N.Y. and N.J. v. Affiliated FM Ins. Co. , 311 F.3d 226, 233 (3d Cir. 2002) ).IV. DISCUSSION A. § 1981 Claim (Count I)42 U.S.C. § 1981 was enacted to deter racial discrimination in the formatio..."
Jefferies v. Ameriquest Mortg. Co.
"...and therefore has not shown there is a genuine issue of material fact regarding this allegation. See Port Auth. of N.Y. & N.J. v. Affiliated FM Ins. Co., 311 F.3d 226, 233 (3d Cir.2002) ("The non-movant may not rest upon mere allegations, general denials, or vague statements in opposition t..."
Associated Aviation Underwriters v. Wood
"...Ass'n, Inc. v. N. Am. Specialty Ins. Co., 332 N.J.Super. 85, 752 A.2d 837, 840 (Ct.App.Div.2000); see also Port Auth. v. Affiliated FM Ins. Co., 311 F.3d 226, 233 (3d Cir.2002); cf. Owens-Illinois, 650 A.2d at 985, quoting Ayers, 525 A.2d at 314 ("'[M]ass-exposure toxic-tort cases involve p..."
Try vLex and Vincent AI for free
Start a free trialStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
5 firm's commentaries
DC Court Finds No Coverage for COVID-19 Losses Where Plaintiffs Could Not Show That Property Sustained Direct Physical Loss
"...some compromise to the physical integrity of the insured property.” See Port Authority of N.Y. & N.J. v. Affiliated FM Ins. Co., 311 F.3d 226, 236 (3d Cir. 2002) (presence of asbestos in building was not “physical loss” because building owner could not show real or imminent “contaminati..."
Drafting Effective RWI Coverage Exclusions
"...LLC, Index No. 656825/2019 (N.Y. Sup. Ct. Jan. 19, 2021), Doc. No. 67. 4. See, e.g., Port Auth. of NY & NJ v. Affiliated FM Ins. Co., 311 F.3d 226, 235 (3d Cir. 2002) ("One of the frequently cited reasons for interpreting language in favor of the insured is that insurance policies are gener..."
Missouri Court Rules in Favor of Business Owners in COVID-19 Coverage Lawsuit
"...& Marine Ins. Co., Case No. 16-CV-13250 CDP (E.D.Mo. May 2, 2018); Port Auth. Of New York and New Jersey v. Affiliated FM Ins. Co., 311 F.3d 226, 236 (3d Cir. 2002). (Order at 9-10.) Accordingly, the court denied the motion to dismiss and allowed the case to proceed to The court also di..."
Business Interruption Coverage in the Year of COVID-19
"...‘a distinct, demonstrable, and physical alteration’ of its structure.” Port Auth. of New York & New Jersey v. Affiliated FM Ins. Co., 311 F.3d 226, 235 (3d Cir. 2002). Allegations of physical damage to a building from “sources unnoticeable to the naked eye must meet a highest threshold...."
New Jersey Court: Loss of Use – Without More – Can Be “Direct Physical Loss or Damage”
"...caused by a covered cause of loss or by an excluded peril as the insurer alleged. Richard Bennett Port Authority of N.Y. & N.J. v. Affiliated FM Ins. Co., 311 F.3d 226 (3rd Cir. 2002) stood for the proposition that that constituted physical loss or damage. In the former, an electrical grid ..."