Actual-Injury Rule Dictates Multiple Occurrences in Minnesota for Sexual Abuse Claims
May 12, 2017| PublicationIn a recent decision, Diocese of Duluth v. Liberty Mutual Group, ADV 16-5012 (Mar 30, 2017), the United States Bankruptcy…
New York Court of Appeals Hears Argument Regarding “Caused By” Language
April 27, 2017| AlertOn April 26, 2017, the New York Court of Appeals heard oral argument in the Burlington Insurance Co. v. New…
Hackensack River Expected to be Named Superfund Site
March 17, 2017| AlertThe U.S. Environmental Protection Agency’s (USEPA) investigation into the lower Hackensack River is continuing. Indeed, the USEPA is likely to…
Connecticut Appellate Court Issues Wide-Ranging And Mixed Decision Regarding Asbestos Insurance Coverage
March 2, 2017| AlertIn a wide-ranging and detailed opinion spanning more than 200 pages, the Connecticut Appellate Court addressed a multitude of issues…
Access Issues During Environmental Investigations/Remediation
December 7, 2016| PublicationProperty access issues frequently arise in environmental matters. A client may be conducting an investigation on its property and detect…
New Jersey’s Appellate Division Rejects Exception to the “No Direct Action Rule” for Declaratory Judgment Claims
November 28, 2016| AlertIn an issue of first impression, a unanimous panel of the Superior Court of New Jersey, Appellate Division, held that…
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).
September 2, 2016| AlertIn a major departure from New York Law as predicted by the Second Circuit, The New York Appellate Division (1st…
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 Triggered
June 16, 2016| AlertOn June 7, 2016, New York Federal Bankruptcy Judge Stuart M. Bernstein made a significant decision in an adversary proceeding,…
New Jersey Appellate Division Affirms Allocation to Insured for Pre-December 2004 Insolvencies
June 13, 2016| PublicationThe New Jersey Appellate Division has held that in long-tail allocation cases, the policyholder remains responsible for amounts allocable to…
New York High Court Holds That All Sums Allocation Method And Vertical Exhaustion Applies
May 4, 2016| AlertOn May 3, 2016, New York’s highest court in In the Matter of Viking Pump Inc., and Warren Pumps, LLC,…
Fourth Circuit Holds CGL Insurer Must Defend Policyholder For Information Posted On The Internet
April 15, 2016| AlertOn April 11, 2016, a partial panel of the Fourth Circuit Court of Appeals in Travelers Indemnity Co. of Amer.…
Prejudice Not Required For New Jersey Late Notice Defense Under Claims-Made Policies
February 17, 2016| AlertOn February 11, 2016, the New Jersey Supreme Court held that an insurer is not obligated to establish prejudice when…
N.J. Appellate Division Holds Insureds Remain Responsible for Sums Allocable to Insurers Who Became Insolvent Prior to December 22, 2004
January 12, 2016| AlertOn January 12, 2016, the New Jersey Appellate Division ruled that an insured is responsible for sums otherwise allocable to…
Rescission Of Medical Malpractice Liability Policy Permitted Barring Innocent Third Party Recovery Even Though Statute Requires That Physicians Have Insurance
December 4, 2015| AlertIn DeMarco v. Stoddard, A-104-13, decided December 1, 2015, the New Jersey Supreme Court, in a 5-2 decision, held that…
New Jersey Supreme Court to Address Construction Defect Coverage Issues
October 30, 2015| AlertOn October 30, 2015, the New Jersey Supreme Court granted a petition for certification in Cypress Point Condo. Ass’n v.…
New Jersey Appellate Division Decides Trial Courts May Require Negligence And Contractual Indemnification Issues Be Tried Simultaneously Before A Jury
August 12, 2015| AlertIn 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…
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 Insurer
August 7, 2015| AlertIn Ross v. Lowitz, (A-101-13) decided August 6, 2015, the New Jersey Supreme Court addressed whether to expand private nuisance…
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 Lending
July 29, 2015| AlertIn Alden Leeds, Inc. v. QBE Specialty Ins. Co., A-2013-14T1, decided July 27, 2015, the New Jersey Superior Court, Appellate…
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 Suits
July 29, 2015| AlertIn Rolando Fernandes v. DAR Development Corp., A-37-13, decided July 28, 2015, the New Jersey Supreme Court reaffirmed New Jersey…
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 Trial
July 17, 2015| AlertOn July 16, 2015, the New Jersey Supreme Court, in a case of first impression, reversed the Appellate Division decision…
Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, ___ N.J. Super ___ (App. Div. 2015)
July 10, 2015| AlertOn July 9, 2015, the New Jersey Appellate Division issued a published opinion in Cypress Point Condominium Association, Inc. v.…
NJDEP Offers Guide to Obtaining Off-Site Access
May 15, 2015| AlertThe New Jersey Department of Environmental Protection (“NJDEP”) has unveiled an update to the agency’s Site Remediation Program online forms,…
New York Courts Continue To Erode Attorney-Client Privilege
May 13, 2015| AlertFollowing on the heels of the First Department’s decision last Summer in National Union Fire Ins. Co. v. TransCanada Energy,…
No End in Sight for Parties Subject to Contribution Claims
March 12, 2015| AlertThe New Jersey Supreme Court has unanimously held that private claims for contribution made pursuant to the New Jersey Spill…
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 Architect
February 27, 2015| AlertOn February 26, 2015, in a decision approved for publication, the New Jersey Appellate Division held that an engineer, who…
