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BEDBUGS and the LAW

BEDBUGS and the LAW. ROY F. VIOLA, JR. McGIVNEY & KLUGER. A. Premises Liability B. Insurance Coverage C. “Egg Shell Plaintiff”. PREMISES LIABILITY.

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BEDBUGS and the LAW

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  1. BEDBUGSand the LAW ROY F. VIOLA, JR. McGIVNEY & KLUGER

  2. A. Premises Liability B. Insurance Coverage C. “Egg Shell Plaintiff”

  3. PREMISES LIABILITY A possessor of land who holds it open to the public for entry for his business purposes is subject to liability to members of the public while they are upon the land for such a purpose, for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons or animals, and by the failure of the possessor to exercise reasonable care to (a) discover that such acts are being done or are likely to be done, or (b) give a warning adequate to enable the visitors to avoid the harm, or otherwise to protect them against it

  4. Premises Liability "The inquiry should be … whether in light of … all of the surrounding circumstances" it is "fair and just" to impose a duty to exercise reasonable care in preventing foreseeable harm to patrons. the duty of a business proprietor to its businessinvitees to provide a reasonably safe place to do that which is within the scope of the invitation

  5. INSURANCE COVERAGE Insurance Policies are CONTRACTS between Insurer and Insured; Adhesion Contracts – Any ambiguity is construed in favor of the non-drafting party (the Insured); Language of the Policy determines whether there is coverage for a particular loss.

  6. Insurance EXCLUSIONS ISO/OTHER FORMS HOMEOWNERS – ISO FORMS will not pay for loss caused by (g) Birds, vermin, rodents or insects COMMERCIAL – ISO: “We will not pay for loss or damage caused by or resulting from any of the following: nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals.”

  7. Insurance Secondary losses (e.g. injury to invitee for exposure to pesticide); Loss of income to property owner Loss of property (e.g. destruction of bed linens, etc.)

  8. “EGG SHELL” PLAINTIFF Hypersensivity to pesticides and other chemical treatments Expert Opinions Take your plaintiff’s as you find them “Scientific Probability” vs. Certainty

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