- 12/07/2016
Access Issues During Environmental Investigations/RemediationProperty access issues frequently arise in environmental matters. A client may be conducting an investigation on its property and detect results that require it to…
- 11/28/2016
New Jersey’s Appellate Division Rejects Exception to the “No Direct Action Rule” for Declaratory Judgment ClaimsIn an issue of first impression, a unanimous panel of the Superior Court of New Jersey, Appellate Division, held that the common law prohibition on…
- 11/22/2016
The Evolution of Cyber Coverage Law: A Survey of Critical Decisions and the Market's Response - 09/02/2016
New York Appellate Division Holds Policyholder Responsible for Periods When Insurance Was Unavailable, Rejecting Stonewall Ins. Co. v. Asbestos Claims Management Corp., 73 F.3d 1178 (2nd Cir. 1995).In a major departure from New York Law as predicted by the Second Circuit, The New York Appellate Division (1st Department) has rejected the “unavailability”…
- 07/29/2016
Does “Caused By” Mean “Arising Out Of”? New York Court of Appeals Likely to DecideThe Appellate Division, First Department of New York has repeatedly held that the phrase “caused by,” as used in an additional insured endorsement, does not…
- 06/16/2016
New York Federal Bankruptcy Court Declines To Follow Zeig And Instead Holds That The Underlying Limits Must Be Actually Paid Before Third- Party Excess Policies Are TriggeredOn June 7, 2016, New York Federal Bankruptcy Judge Stuart M. Bernstein made a significant decision in an adversary proceeding, captioned Rapid-Am. Corp. v. Travelers…
- 06/13/2016
New Jersey Appellate Division Affirms Allocation to Insured for Pre-December 2004 InsolvenciesThe New Jersey Appellate Division has held that in long-tail allocation cases, the policyholder remains responsible for amounts allocable to insurers who became insolvent before…
- 05/04/2016
New York High Court Holds That All Sums Allocation Method And Vertical Exhaustion AppliesOn May 3, 2016, New York’s highest court in In the Matter of Viking Pump Inc., and Warren Pumps, LLC, Insurance Appeals held that, in…
- 04/15/2016
Fourth Circuit Holds CGL Insurer Must Defend Policyholder For Information Posted On The InternetOn April 11, 2016, a partial panel of the Fourth Circuit Court of Appeals in Travelers Indemnity Co. of Amer. v. Portal Healthcare Solutions, LLC,…
- 02/17/2016
Prejudice Not Required For New Jersey Late Notice Defense Under Claims-Made PoliciesOn February 11, 2016, the New Jersey Supreme Court held that an insurer is not obligated to establish prejudice when seeking to disclaim coverage to…
- 01/12/2016
N.J. Appellate Division Holds Insureds Remain Responsible for Sums Allocable to Insurers Who Became Insolvent Prior to December 22, 2004On January 12, 2016, the New Jersey Appellate Division ruled that an insured is responsible for sums otherwise allocable to insolvent insurers in cases where…
- 12/04/2015
Rescission Of Medical Malpractice Liability Policy Permitted Barring Innocent Third Party Recovery Even Though Statute Requires That Physicians Have InsuranceIn DeMarco v. Stoddard, A-104-13, decided December 1, 2015, the New Jersey Supreme Court, in a 5-2 decision, held that an insurer may rescind a…
- 10/30/2015
New Jersey Supreme Court to Address Construction Defect Coverage IssuesOn October 30, 2015, the New Jersey Supreme Court granted a petition for certification in Cypress Point Condo. Ass’n v. Adria Towers, L.L.C., 441 N.J.…
- 08/12/2015
New Jersey Appellate Division Decides Trial Courts May Require Negligence And Contractual Indemnification Issues Be Tried Simultaneously Before A JuryIn Estate of D’Avila v. Hugo Neu Schnitzer East, et al., A-4439-11T2, A-4705-11T2, A-4713-11T2, decided August 10, 2015, the New Jersey Superior Court, Appellate Division,…
- 08/07/2015
New Jersey Supreme Court Declines To Expand Bases For Private Nuisance And Trespass Causes Of Action And Limits Grounds On Which A Non-Party To An Insurance Contract Can Bring A Bad Faith Claim Against an InsurerIn Ross v. Lowitz, (A-101-13) decided August 6, 2015, the New Jersey Supreme Court addressed whether to expand private nuisance and trespass causes of action…
- 07/29/2015
New Jersey Supreme Court Rejects Extension of Strict Liability In Workplace Injury Suits And Affirms Right To Assert Contributory Negligence As An Affirmative Defense In Such SuitsIn Rolando Fernandes v. DAR Development Corp., A-37-13, decided July 28, 2015, the New Jersey Supreme Court reaffirmed New Jersey law that a jury may…
- 07/29/2015
New Jersey Appellate Division Requires Court To Conducts In Camera Review and Bifurcate Discovery In Case Involving Breach of Contract And Breach Of The Covenant Of Good Faith and Fair LendingIn Alden Leeds, Inc. v. QBE Specialty Ins. Co., A-2013-14T1, decided July 27, 2015, the New Jersey Superior Court, Appellate Division, in an unpublished decision,…
- 07/17/2015
In An Action Brought Under The New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30, A Defendant Has A Right To A Jury TrialOn July 16, 2015, the New Jersey Supreme Court, in a case of first impression, reversed the Appellate Division decision in Allstate New Jersey Insurance…
- 07/10/2015
Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, ___ N.J. Super ___ (App. Div. 2015)On July 9, 2015, the New Jersey Appellate Division issued a published opinion in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, ___ N.J.…
- 05/15/2015
NJDEP Offers Guide to Obtaining Off-Site AccessThe New Jersey Department of Environmental Protection (“NJDEP”) has unveiled an update to the agency’s Site Remediation Program online forms, now providing information and forms…
- 05/13/2015
New York Courts Continue To Erode Attorney-Client PrivilegeFollowing on the heels of the First Department’s decision last Summer in National Union Fire Ins. Co. v. TransCanada Energy, 119 A.D.3d 492 (1st Dep’t…
- 03/12/2015
No End in Sight for Parties Subject to Contribution ClaimsThe New Jersey Supreme Court has unanimously held that private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (the…
- 02/27/2015
Can They Be Reconciled? One New Jersey Appellate Panel Held That An Engineer Cannot Provide An Affidavit Of Merit Against An Architect, While Another Appellate Panel Held That An Engineer Can Provide Expert Testimony Against An ArchitectOn February 26, 2015, in a decision approved for publication, the New Jersey Appellate Division held that an engineer, who was not a licensed architect,…
- 02/20/2015
NJ Supreme Court Affirms Dismissal Of First-Party Bad Faith Claim Against Insurer In Second Filed UM Action On Res Judicata Principles-Avoids Discussion Of Whether Entire Controversy Doctrine Mandated Inclusion Of Bad Faith Claim In Initial UM ActionThe Supreme Court in Kwabena Wadeer v. N.J. Mfrs. Ins. Co. (A-54-12) (072010), considered whether the entire controversy doctrine, codified at Rule 4:30A, mandates that…
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