- 08/06/2014
The Wait is Over: A Party Can Now File a Contribution Claim Prior to the Completion of a CleanupOne of the most valuable tools in a responsible party’s arsenal, a contribution claim, can now be used to take immediate action against other potentially responsible parties for damages at contaminated sites in New Jersey.
- 06/06/2014
Has the Second Circuit Mandated a Rubber Stamp Approval System for SEC Consent Decrees?In a long awaited decision, the Second Circuit Court of Appeals has overruled United States District Court Judge Rakoff’s refusal to affirm a $285 million…
- 04/02/2014
Connecticut Case of First Impression Affirms Exhaustion Under Cost Share Agreement and Holds Insured Responsible for Gaps in Coverage and InsolvenciesA Connecticut trial court issued a decision which significantly impacts the insurance industry under Connecticut law. In R.T. Vanderbilt v. Hartford Accident & Indemnity Co.
- 03/03/2014
New York Trial Court Denies Sony's Claims Against Primary CGL Insurers to Pay For Defense Costs Related to Cyber-Attack LitigationOn February 21, 2014, a New York trial court (Hon. Jeffrey K. Oing, J.S.C.) in Zurich Amer. Ins. Co. v. Sony Corp. of Amer., et…
- 02/26/2014
An Overview of Key New Jersey Decisions: (1) Insurer Insolvency in Long Tail Claims; and (2) Insurance Coverage issues involving Sexual Molestation ClaimsA discussion of recent New Jersey case law dealing with the treatment of insolvent insurers in the allocation of defense and indemnity for long tail claims and current case law addressing insurance coverage for sexual molestation claims.
- 02/19/2014
New York Court of Appeals Opinion on Reconsideration – K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co.tTe New York Court of Appeals released its eagerly-awaited opinion on reconsideration in K2 Investment Group, LLC v. American Guarantee and Liability Insurance Co.
- 01/24/2014
Southern District of New York Permits Excess Insurer's Bad Faith Claim To Proceed to TrialUnder New York law, a primary insurer owes a duty of good faith to its excess insurer, specifically when deciding whether to settle a claim. See…
- 01/23/2014
Remedial Investigation Deadline Extension Signed into LawAs advised in our January 17, 2014 E-Alert, a bill proposing to extend the deadline for completion of required environmental remedial investigations at subject properties…
- 01/17/2014
Relief from the Remedial Investigation Deadline is in SightGood news for parties with cleanup obligations and a May 7, 2014, deadline to complete their remedial investigation (“RI”).
- 12/04/2013
Bill to Require Inclusion of “Faulty Workmanship” of Contractor in Definition of “Occurrence” in Commercial Liability Policies Introduced in NJ AssemblyOn November 25, 2013, Assemblyman Gary S. Schaer introduced a Bill, ASSEMBLY NO. 4510, to the Financial Institutions and Insurance Committee of the Assembly that,…
- 11/19/2013
New Decision Requiring Exhaustion of Underlying Insurance - Quellos Group LLC., v. Federal Insurance CompanyOn November 12, 2013, the Court of Appeals of the State of Washington, became the latest appellate court to find that excess insurance policy language…
- 11/19/2013
New Jersey Superior Court Clarifies Limitation To The Farmers Mutual Decision and The Applicability of the 2004 Amendment to the PLIGA ActOn November 13, 2013, in Ward Sand & Materials Co. v. Transamerica Ins. Co., et als. (CAM-L-4130-09), Judge Robert G. Millenky of the Superior Court…
- 10/10/2013
Pushed Beyond the Limits—Reactions to the U.S. Judiciary’s Expansion of Additional Insured CoverageAdditional insured requirements are among the most important and popular tools utilized by contracting parties as a means of allocating risk of loss through the…
- 10/10/2013
Total Recall—Current Coverage Issues in Product Recall ClaimsIn 2012, the Consumer Product Safety Commission recalled 59 million products. Product recalls can reach over a million dollars in losses per recall.
- 10/03/2013
Are You Really Exhausted? Negotiating Settlements for Less than Policy Limits - Recent Trends and DecisionsIssues relating to excess insurance are often at the forefront of twenty-first century insurance claims and/or underwriting disputes.
- 09/24/2013
New Jersey Supreme Court Requires Exhaustion of All Other Applicable Insurance Before N.J. Property-Liability Guaranty Association Pays Statutory Benefits For An Insolvent Insurer’s Long-Tail ClaimsOn September 24, 2013, in Farmers Mutual Fire Ins. Co. of Salem v. NJPLIGA, ** N.J. ***, 2013 N.J. LEXIS 902, (2013), the New Jersey…
- 06/27/2013
NJDEP Warns of May 7, 2014 Remedial Investigation Deadline for Older SitesNJDEP has undertaken an all-out advisory blitz regarding the upcoming statutory deadline for completing the remedial investigation of sites with a pre-May 7, 1999 discharge. Pursuant…
- 06/26/2013
Second Circuit Finds No Coverage for Trademark Infringement Suit Involving Distinctive Rear-Pocket Stitching on Jeans Sold by Insured to Wal-MartIn a June 11, 2013 decision, the Second Circuit Court of Appeals refused to expand the definition of “slogan” as used in the definition of…
- 02/14/2013
New Jersey Appellate Division Holds That There Is No Bright Line Rule Prohibiting The Enforcement Of An Indemnification Provision When The Indemnitee Is Alleged Or Has Been Shown To Be NegligentOn January 16, 2013, in a published decision, the New Jersey Appellate Division decided Sayles v. G&G Hotels, Inc., ____ N.J. Super. ____ (App. Div.…
- 10/11/2012
Emerging Trends and Targets in U.S. Class Action LitigationThe filing of class action lawsuits in the United States Federal Courts continues to rise in number and in the total value of potential claims.
- 10/11/2012
Financial and Securities Litigation Update: Trending, Scandals and MoreIn this paper, we review the details of the LIBOR rate-fixing scandal and the resulting suits as well as the other key scandals that are making headlines and forming the basis of civil suits against financial institutions and others
- 10/11/2012
The Cyber-Wave Continues – Insurance Coverage for Cyber Attacks, Breaches and LawsuitsThis paper focuses on the cost of cybercrime, the latest major data breach claims in 2012, and recent cases analyzing whether cyber liability claims are covered under traditional insurance policies, including commercial crime policies and commercial general liability policies.
- 10/04/2012
Delaware Supreme Court Unanimously Affirms Superior Court Ruling Granting Summary Judgment in Favor of American Guarantee & Liability Insurance CompanyCourt Declares that AGLI Has No Obligation to Defend Intel Corporation in Underlying Anti-Trust Litigation Because Intel’s Below-Limits Settlement with Underlying Insurer Did Not Constitute Exhaustion
- 03/28/2012
New Jersey’s Appellate Division Holds That To Prevail On An Indemnity Claim Against An Insurer To Pay A Settlement, A Policyholder Has The Burden Of Establishing That The Settlement Includes A Covered Loss Under The PolicyOn March 13, 2012, in Bldg. Materials Corp. of Am. v. Allstate Ins. Co., 2012 N.J. Super. LEXIS 35 (App. Div. 2012), a published decision,…
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