- 08/02/2018
New Jersey Supreme Court Embraces Use Of Daubert Factors To Determine Admissibility Of Expert OpinionOn August 1, 2018, the New Jersey Supreme Court issued an important decision in Multi-County Litigation (“MCL”) cases involving the pharmaceutical drug, Accutane.
- 06/29/2018
New Jersey Supreme Court Rejects Equitable Exception to “Unavailability Rule” for Owens-Illinois/Carter-Wallace Allocations and Clarifies Choice of Law Analysis for Insurance Coverage Disputes Involving Nationwide Products Liability ClaimsOn June 26, 2018, the New Jersey Supreme Court issued its long-awaited decision in Continental Insurance Company v. Honeywell International, addressing choice of law and…
- 06/29/2018
New Jersey Supreme Court Rejects Equitable Exception to “Unavailability Rule” for Owens-Illinois/Carter-Wallace Allocations and Clarifies Choice of Law Analysis for Insurance Coverage Disputes Involving Nationwide Products Liability ClaimsOn June 26, 2018, the New Jersey Supreme Court issued its long-awaited decision in Continental Insurance Company v. Honeywell International...
- 05/18/2018
California Federal Court Expands Viking Pump’s Holding Beyond Condition CCourts across the country are grappling with how to interpret the New York Court of Appeal’s application of an all sums allocation for policies that include Prior Insurance and Non-Cumulation Clauses (“Condition C”) following In Re Viking Pump, Inc. 27 N.Y.3d 244 (2016).
- 05/03/2018
New Jersey Appellate Division Upholds No Coverage Determination Based Upon Material MisrepresentationOn May 1, 2018, the Appellate Division of the Superior Court of New Jersey upheld a disclaimer of coverage under a lawyer’s professional liability policy…
- 04/16/2018
New Jersey Appellate Division Finds Anti-Assignment Clauses Inapplicable Because Loss Occurred Prior to the Transfer of Insurance RightsOn April 13, 2018, the New Jersey Appellate Division affirmed that, not only did a 1986 Bill of Sale include the transfer of insurance rights…
- 04/05/2018
The Tenth Circuit Holds That New York Court of Appeals Likely To Allow Coverage For Claims Arising Out of a Subcontractors’ Faulty WorkmanshipThe United States Court of Appeals for the Tenth Circuit recently rendered a decision that may impact New York law regarding the rights of general…
- 04/04/2018
New York’s Highest Court Requires Direct Privity of Contract Between Named Insured and Purported Additional InsuredOn March 27, 2018, the New York Court of Appeals strictly interpreted the language of a policy’s additional insured endorsement and held that the construction…
- 03/28/2018
New York’s High Court Rejects “Unavailability Rule” for Pro Rata Longtail AllocationsIn a significant victory for insurers, on March 27, 2018, the New York Court of Appeals held that policyholders are responsible for the pro rata…
- 11/06/2017
NJDEP Proposes New Rules for Underground Storage TanksNew amendments raise the question if the storage of materials in Underground Storage Tanks just got more costly in New Jersey. On May 15, 2017, the…
- 10/31/2017
New Jersey Appellate Division Modifies Manifestation AnalysisOn October 12, 2017, the New Jersey Appellate Division in Air Master & Cooling, Inc. v. Selective Ins. Co., et al, No. A-5415-15T3 (App. Div. 2017) made a significant coverage ruling...
- 10/26/2017
Connecticut Supreme Court to Review “Unavailability Exception” and Other Significant Asbestos-Related Coverage IssuesOn October 18, 2017, the Connecticut Supreme Court granted petitions to review the “unavailability exception” and other significant asbestos coverage issues. The review in R.T.…
- 10/12/2017
Pennsylvania Supreme Court Rules Self-Interest or Ill-Will Not Required For Bad Faith ClaimOn September 28, 2017, the Pennsylvania Supreme Court considered, as an issue of first impression, the requirements for proving a bad faith claim under the…
- 08/02/2017
An Analysis of Policyholder Defenses to An Insurer’s Rescission ClaimIn a recent Summary Order in Cont’l Cas. Co. v. Boughton, Case No. 16-2384 (June 5, 2017), the United States Court of Appeals for the…
- 07/24/2017
Upcoming New Jersey Choice of Law Decision for Long-Tail ClaimsInsurance coverage disputes frequently implicate choice of law determinations where national distribution of manufactured products results in potential claims in all 50 states and policyholders…
- 07/24/2017
Upcoming New Jersey Choice of Law Decision for Long-Tail ClaimsInsurance coverage disputes frequently implicate choice of law determinations where national distribution of manufactured products results in potential claims in all 50 states and policyholders…
- 07/20/2017
Second Circuit Provides First Significant Application Of Viking PumpOn July 18, 2017, the United States Court of Appeals for the Second Circuit provided the first significant appellate application of Viking Pump’s holding that…
- 06/23/2017
First Department Holds That Additional Insured Is Not Subject to Self-Insured RetentionOn June 13, 2017, New York’s Appellate Division, First Department, issued its much awaited opinion in Arch Insurance Company v. Old Republic Insurance Company. The…
- 06/09/2017
Washington Supreme Court Applies Efficient Proximate Cause to General Liability PolicyThe Washington Supreme Court recently held—despite recognizing that a pollution exclusion on its face excluded coverage under a liability policy—that a duty to defend existed…
- 06/06/2017
New York Court of Appeals Narrowly Construes “Caused By” Language In Additional Insured EndorsementIn a highly anticipated decision, the New York Court of Appeals has held that the phrase “liability for ‘bodily injury’… caused, in whole or in…
- 06/05/2017
District Court Holds No Coverage for School That Knew Teacher Was Abusing StudentsOn June 1, 2017, the United States District Court for the District of New Jersey granted summary judgment in favor of American Guarantee & Liability…
- 05/12/2017
Actual-Injury Rule Dictates Multiple Occurrences in Minnesota for Sexual Abuse ClaimsIn a recent decision, Diocese of Duluth v. Liberty Mutual Group, ADV 16-5012 (Mar 30, 2017), the United States Bankruptcy Court for the District of…
- 04/27/2017
New York Court of Appeals Hears Argument Regarding “Caused By” LanguageOn April 26, 2017, the New York Court of Appeals heard oral argument in the Burlington Insurance Co. v. New York City Transit Auth. matter.…
- 03/17/2017
Hackensack River Expected to be Named Superfund SiteThe U.S. Environmental Protection Agency’s (USEPA) investigation into the lower Hackensack River is continuing. Indeed, the USEPA is likely to name this river a Superfund…
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