John Freeman Wins Summary Judgment in Federal Coverage Claim

April 26, 2018

John R. Freeman, Esquire of the Pennsylvania/Southern New Jersey office of Russo & Toner, LLP, won summary judgment in favor of a liability insurance carrier in a coverage claim filed in the United States District Court for the District of New Jersey.  In Thompson v. Harrah’s, et al., the Plaintiff claimed that he sustained severe burns to his feet, resulting in partial amputation,  while walking on pavers on a rooftop sun deck at an Atlantic City casino.  Among the Defendants were the casino, the general contractor and the subcontractor which installed the pavers.  The general contractor filed a claim for declaratory judgment against the installer’s liability carrier, claiming that it was entitled to defense and indemnification under the construction contract.

 

Mr. Freeman argued that any duty to provide insurance coverage under the construction contract extended for no more than two years after completion of the work, and that the Plaintiff’s claims fell outside that window.  The District Court Judge agreed, and entered summary judgment in favor of Mr. Freeman’s client, dismissing all claims against it.

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