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 Action
February 20, 2015| AlertThe Supreme Court in Kwabena Wadeer v. N.J. Mfrs. Ins. Co. (A-54-12) (072010), considered whether the entire controversy doctrine, codified…
The New Jersey Supreme Court Rejects Attempt To Alter “Fairly Debatable” Standard To Determine Bad Faith In First-Party Coverage Action
February 19, 2015| AlertOn February 18, 2015, the New Jersey Supreme Court decided Badiali v. New Jersey Manufacturer’s Insurance Group, ____ N.J. ____…
The Extent of Recoverable Damages for Migrating Contamination Remains Uncertain
January 6, 2015| AlertProperty owners suffering from migrating contamination from an adjacent property are often faced with a variety of damages in addition…
Year In Review Insurance Developments In 2014
December 10, 2014| PublicationCoughlin Midlige & Garland LLP successfully represented insurers in two of the top notable cases as reported in Law 360,…
Under Attack—The Deluge of Cyber Attacks and Industry Response
October 16, 2014| PublicationAs the headlines reveal on an almost daily basis, cyber attacks and other data breaches have significantly increased in the…
Knock Out Blows – Concussion and Sports-Related Injuries Litigation
October 16, 2014| PublicationA 9 September 2014 article in the New York Times declared that “head trauma has become the most serious —…
Emerging Claims – Liability and Insurance Issues in Crowdfunding, Drones, Ride Sharing, Self-Driving Cars, Bitcoin, Food Labeling and Other Upcoming Claim Sources
October 16, 2014| PublicationWhat will drive insurance claims in the near future? Self-driving cars and robotic drones were only concepts of the…
Recent Developments in the Use of the Attorney-Client Privilege and Work Product Immunity to Shield Investigative Materials from Discovery in New York
August 13, 2014| AlertAn appellate-level state court in New York recently examined the applicability of the attorney-client privilege and work product immunity in…
The Wait is Over: A Party Can Now File a Contribution Claim Prior to the Completion of a Cleanup
August 6, 2014| AlertOne of the most valuable tools in a responsible party’s arsenal, a contribution claim, can now be used to take…
Has the Second Circuit Mandated a Rubber Stamp Approval System for SEC Consent Decrees?
June 6, 2014| AlertIn a long awaited decision, the Second Circuit Court of Appeals has overruled United States District Court Judge Rakoff’s refusal…
Connecticut Case of First Impression Affirms Exhaustion Under Cost Share Agreement and Holds Insured Responsible for Gaps in Coverage and Insolvencies
April 2, 2014| AlertFollowing a 14 day bench trial, on March 28, 2014, a Connecticut trial court issued a decision which significantly impacts…
An Overview of Key New Jersey Decisions: (1) Insurer Insolvency in Long Tail Claims; and (2) Insurance Coverage issues involving Sexual Molestation Claims
February 26, 2014| PublicationA discussion of recent New Jersey case law dealing with the treatment of insolvent insurers in the allocation of defense…
New York Court of Appeals Opinion on Reconsideration – K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co.
February 19, 2014| AlertOn February 18, 2014, the New York Court of Appeals released its eagerly-awaited opinion on reconsideration in K2 Investment Group,…
Southern District of New York Permits Excess Insurer's Bad Faith Claim To Proceed to Trial
January 24, 2014| AlertUnder New York law, a primary insurer owes a duty of good faith to its excess insurer, specifically when deciding…
Remedial Investigation Deadline Extension Signed into Law
January 23, 2014| AlertAs advised in our January 17, 2014 E-Alert, a bill proposing to extend the deadline for completion of required environmental…
Relief from the Remedial Investigation Deadline is in Sight
January 17, 2014| AlertThere is good news for parties with cleanup obligations and a May 7, 2014, deadline to complete their remedial investigation…
Bill to Require Inclusion of “Faulty Workmanship” of Contractor in Definition of “Occurrence” in Commercial Liability Policies Introduced in NJ Assembly
December 4, 2013| AlertOn November 25, 2013, Assemblyman Gary S. Schaer introduced a Bill, ASSEMBLY NO. 4510, to the Financial Institutions and Insurance…
New Jersey Superior Court Clarifies Limitation To The Farmers Mutual Decision and The Applicability of the 2004 Amendment to the PLIGA Act
November 19, 2013| AlertOn November 13, 2013, in Ward Sand & Materials Co. v. Transamerica Ins. Co., et als. (CAM-L-4130-09), Judge Robert G.…
New Decision Requiring Exhaustion of Underlying Insurance - Quellos Group LLC., v. Federal Insurance Company
November 19, 2013| AlertOn November 12, 2013, the Court of Appeals of the State of Washington, became the latest appellate court to find…
Total Recall—Current Coverage Issues in Product Recall Claims
October 10, 2013| PublicationProducts ranging from food items and pharmaceuticals to baby carriages, toys and television sets are routinely recalled by retailers and…
Pushed Beyond the Limits—Reactions to the U.S. Judiciary’s Expansion of Additional Insured Coverage
October 10, 2013| PublicationAdditional insured requirements are among the most important and popular tools utilized by contracting parties as a means of allocating…
Are You Really Exhausted? Negotiating Settlements for Less than Policy Limits - Recent Trends and Decisions
October 3, 2013| PublicationIssues relating to excess insurance are often at the forefront of twenty-first century insurance claims and/or underwriting disputes. In…
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 Claims
September 24, 2013| AlertOn September 24, 2013, in Farmers Mutual Fire Ins. Co. of Salem v. NJPLIGA, ** N.J. ***, 2013 N.J. LEXIS…
NJDEP Warns of May 7, 2014 Remedial Investigation Deadline for Older Sites
June 27, 2013| AlertNJDEP has undertaken an all-out advisory blitz regarding the upcoming statutory deadline for completing the remedial investigation of sites with…
Second Circuit Finds No Coverage for Trademark Infringement Suit Involving Distinctive Rear-Pocket Stitching on Jeans Sold by Insured to Wal-Mart
June 26, 2013| AlertIn a June 11, 2013 decision, the Second Circuit Court of Appeals refused to expand the definition of “slogan” as…
