- 01/20/2012
New York Appellate Division Holds Four Month Delay To Disclaim By Excess Insurer Violates NYIL §3420(d)On January 17, 2012, the New York Appellate Division, First Department, overruled its own precedent by ruling that, in the context of bodily injury claims,…
- 10/13/2011
Developments in Cyber Liability Claims: How Strong is Your Coverage Firewall?Over the past decade, the world has become integrated and interconnected by the developments in technology and the ability to communicate and transact business over the internet.
- 10/05/2011
Hydraulic Fracturing: Tolerate, Regulate or Litigate?This article discusses the hydraulic fracturing process, recent investigations and regulations relating to hydraulic fracturing, the current status of litigation relating to claims of bodily injury and property damage allegedly arising out of the process, and the probable liability coverage issues that may result from the anticipated litigation.
- 09/23/2011
New Jersey Senate Introduces Bill No. 3036 Providing A Private Cause Of Action In The Settlement Of Insurance ClaimsOn Tuesday, September 19, 2011, New Jersey State Senator Nicholas Scutari introduced State Senate Bill No. 3036 (the “Bill”) which “establishes a private cause of…
- 07/19/2011
New Jersey District Court Grants Summary Judgment To Insurers Holding That Policy Language Was Unambiguous And Insurer Had Valid Grounds To Delay Paying Plaintiffs ClaimOn June 27, 2011, the United States District Court for the District of New Jersey granted summary judgment to The Hartford Financial Services Group Inc.…
- 06/22/2011
New Jersey Supreme Court Holds That Defined Term “Money Damages” In Errors And Omissions Policy Does Not Include “In-Kind” Services Rendered And Assets Surrendered As Part Of Settlement, And Also That Insurer That Reserves Its Rights And ProvidesOn June 21, 2011, the New Jersey Supreme Court decided Passaic Valley Sewerage Commissioners v. St. Paul Fire & Marine Ins. Co., ____ N.J. ____…
- 06/22/2011
The New Jersey Supreme Court Holds That An Insurer Owes A Duty To Defend Against A Portee Claim Unless And Until The Insurer Can Demonstrate That There Is No Evidence Of Physical Injury Caused By Emotional DistressOn June 21, 2011, the New Jersey Supreme Court decided Abouzaid v. Mansard Gardens Associates, LLC, ____ N.J. ____ (2011), A-5-10, and held that a…
- 06/21/2011
U.S. Supreme Court Overturns the Largest Class Action Certification in the Wal-Mart Sex Bias ActionIn the largest class action suit filed in U.S. history, the U.S. Supreme Court held in a June 20, 2011 decision that a sex-bias action…
- 06/16/2011
New Jersey Supreme Court Concludes That the Right to Trial by Jury Attaches to a Bad Faith Claim for Failure to Settle Within the Policy LimitsOn June 14, 2011, the Supreme Court of New Jersey clarified whether an insured’s claim of bad faith against its insurer pursuant to the cause…
- 06/15/2011
New York Court Finds JPMorgan Chase Settlements Preclude $95 Million in Claimed Excess Insurance CoverageIn the latest opinion addressing the rights of excess insurers when an insured settles with an underlying insurer for less than full policy limits, in…
- 02/28/2011
New York Court of Appeals Addresses Annualization of Limits and “Stub” PoliciesOn February 22, 2011, New York’s highest state appellate court addressed the annualization of aggregate limits to a multi-year liability policy, including whether a two-month…
- 01/10/2011
Second Circuit Upholds Additional Insured Limitations; Discusses Impact of Certificates of InsuranceOn December 23, 2010, the U.S. Court of Appeals for the Second Circuit upheld a requirement in an additional insured endorsement that the underlying contract…
- 10/14/2010
Developments and Trends in U.S. Securities and Class Action LitigationPrivate securities actions have been a mainstay of the U.S. litigation landscape since the early 1930’s and class actions have been prevalent since the 1960’s.…
- 10/14/2010
Negotiating Less than Policy Limits SettlementsThis paper describes the two approaches, known as the Zeig Rule (majority) and the Comerica/Qualcomm Rule (minority), focusing on the reasoning adopted by those courts that have rejected the majority approach and require actual payment of policy limits by an underlying insurer in order to trigger excess coverage
- 10/08/2010
What’s Hot and What’s in Store in the World of ClaimsProduct recall lawsuits are on the rise and suits involving new technology and energy concerns such as hydraulic fracturing are being filed.
- 07/13/2010
New Jersey District Court Places Burden of Production on Insured and Grants Summary Judgment to Insurer on Bad Faith Claim Where There Was No Coverage Under The PolicyOn June 21, 2010, the United States District Court for the District of New Jersey granted summary judgment to Continental Casualty Co. (“Continental”) for claims…
- 07/08/2010
Florida Jury Awards Residential Homeowners $2.5 Million Against Domestic Supplier of Chinese DrywallA Florida jury recently awarded residential homeowners nearly $ 2.5 million in damages stemming from the installation of defective Chinese-manufactured drywall in their Miami home. Armin…
- 06/30/2010
U.S. Supreme Court Draws Bright Line on Application of Securities Exchange Act of 1934 to “Foreign Cubed” TransactionsIn a decision likely to have wide-ranging implications in the area of securities fraud litigation, the United States Supreme Court has significantly restricted foreign (and…
- 06/30/2010
The New Jersey Supreme Court Decides That The Failure To Hold A Ferreira Conference Does Not Toll The Statutory Period For Filing An Affidavit Of MeritOn June 28, 2010, the New Jersey Supreme Court clarified whether the failure to hold an Affidavit of Merit conference pursuant to Ferreira v. Rancocas…
- 06/30/2010
Appellate Division Holds Corporate Officers and Employees Potentially Liable Under Consumer Fraud Act Based on Regulatory ViolationOn June 23, 2010, the New Jersey Superior Court, Appellate Division, in Allen v. V and A Brothers, Inc., held that where a corporation commits…
- 05/03/2010
Appellate Division Decides "Owned Property" Exclusion Does Not Apply To Damage To Insured's Property Caused by Remediation ProcessThe New Jersey Superior Court, Appellate Division, in an unpublished decision, recently addressed the application of the “owned property” exclusion in a homeowner policy to an insured’s property where a leaking underground storage tank caused soil and groundwater contamination. In Proformance Insurance Co. v. Riggins, Inc., No. A-2486-08T1 (App. Div. April 27, 2010), (“Proformance”), the Appellate Division held that if damage to the insured’s property is caused by a remediation process for covered damage, as opposed to the initial contamination that gives rise to the remediation process, the “owned property” exclusion does not apply to bar coverage.
- 04/08/2010
U.S. Supreme Court Broadens Availability of Class Actions in Federal CourtsOn March 31, 2010, the Supreme Court of the United States broadened the scope of class actions that may be filed in federal courts and…
- 04/08/2010
New Jersey Appellate Division Upholds $30.3 Million Verdict In Mesothelioma Asbestos-Exposure CaseOn April 5, 2010, the New Jersey Appellate Division upheld the state’s largest mesothelioma asbestos-exposure award in the case of Buttitta v. Allied Signal, Docket…
- 12/09/2009
Appellate Division Again Rules That Statutory Prohibition of UM/UIM Step-Down Clause Applies ProspectivelyThe Appellate Division decision in Ruoff v. American Asphalt Company, Inc., et al., No. A-958-08T1 (November 25, 2009) is the most recent in a series…
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