News Archive: August 2011

August 31, 2011

Trial Results: August 2011

Paul Endler was granted summary judgment seeking rescission in the procurement of the policy. The insured’s daughter struck and killed a pedestrian. She was never listed on the policy as a driver, even though she regularly drove, but had no license. The underinsured motorist carrier had brought a cross-motion for summary judgment, which was denied.

Jennifer Herrmann received two separate rulings by the Commissioner that we anticipate will be useful in future motions to dismiss. The Commissioner held that the statute of limitations on claims surrounding an employee’s nonrenewal for budgetary reasons begins running when she learns of the non-renewal, not when she subsequently learns that the non-renewal may have been for reasons other than the budget. Where an employee has the statutory right to a statement of reasons for her non-renewal or a hearing before the Board of Education and fails to exercise those rights, she cannot claim that she did not know about her injury. The Commissioner also held that an employee does not state a claim for an “arbitrary and capricious” failure to hire without asserting and proving violation of a statutorily or constitutionally conferred right.