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UPDATE:  New York Federal District Court Cites two Pennsylvania Supreme Court Cases When Recognizing Right to Invoke Force Majeure Provision in Light of the Coronavirus (COVID-19) Pandemic | Weber Gallagher Simpson Stapleton Fires & Newby LLP

To embed, copy and paste the code into your website or blog: At the onset of the coronavirus (COVID-19) pandemic, four Pennsylvania businesses challenged Governor Tom Wolf’s statutory authority to close non-essential (or non-life sustaining) businesses to mitigate the public health effects of the pandemic. In that case,  Friends of Danny Devito v. Wolf, 227 A.3d 872 (Pa. 2020), the petitioners argued Governor Wolf lacked the statutory authority under the Pennsylvania Emergency Management Services Code to issue an executive order mandating the temporary closure of inessential businesses. The Pennsylvania Supreme Court disagreed and recognized that the COVID-19 pandemic qualified as a natural disaster under the Pennsylvania Emergency Code, 35 Pa.C.S.A. § 7102. Section 7102, which defines “natural disaster” as any “catastrophe which results in substantial … hardship, suffering or possible loss of life. The 

$300K chimney sweep fire damages update: Settlement reached in case

Rosenberg | Weber Gallagher Simpson Stapleton Fires & Newby PITTSBURGH – Litigation between an insurance company representing a Wexford man and the owner of a chimney sweep business, whose allegedly subpar work caused a fire resulting in almost $300,000 in damages, has been settled. State Farm Fire and Casualty Company (as subrogee of Mark Hessling) of Bloomington, Ill. first filed suit in the Allegheny County Court of Common Pleas on Nov. 13 versus Almir Cemer (individually and doing business as “Al’s Chimney Sweep”), of Coraopolis. The suit first explained that Hessling owns property on Timberglen Drive West in Wexford and contracted with Cemer for service to the chimney at that residence.

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