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 Negligent
February 14, 2013| AlertOn January 16, 2013, in a published decision, the New Jersey Appellate Division decided Sayles v. G&G Hotels, Inc., ____…
The Cyber-Wave Continues – Insurance Coverage for Cyber Attacks, Breaches and Lawsuits
October 11, 2012| PublicationOver the past year the use of the internet to communicate and transact business has continued to grow, which has…
Financial and Securities Litigation Update: Trending, Scandals and More
October 11, 2012| PublicationWe are entering a period of uncertainty as to the future direction of financial and securities litigation. Experts agree…
Emerging Trends and Targets in U.S. Class Action Litigation
October 11, 2012| PublicationThe filing of class action lawsuits in the United States Federal Courts continues to rise in number and in the…
Delaware Supreme Court Unanimously Affirms Superior Court Ruling Granting Summary Judgment in Favor of American Guarantee & Liability Insurance Company
October 4, 2012| AlertCourt Declares that AGLI Has No Obligation to Defend Intel Corporation in Underlying Anti-Trust Litigation Because Intel’s Below-Limits Settlement with…
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 Policy
March 28, 2012| AlertOn March 13, 2012, in Bldg. Materials Corp. of Am. v. Allstate Ins. Co., 2012 N.J. Super. LEXIS 35 (App.…
New York Appellate Division Construes the “Caused By” Language In an Additional Insured Provision Broadly
January 24, 2012| AlertOn January 19, 2012, the New York Appellate Division, First Department, in W & W Glass Sys., Inc. v. Admiral…
New York Appellate Division Holds Four Month Delay To Disclaim By Excess Insurer Violates NYIL §3420(d)
January 20, 2012| AlertOn January 17, 2012, the New York Appellate Division, First Department, overruled its own precedent by ruling that, in the…
Developments in Cyber Liability Claims: How Strong is Your Coverage Firewall?
October 13, 2011| PublicationOver the past decade, the world has become integrated and interconnected by the developments in technology and the ability to…
Hydraulic Fracturing: Tolerate, Regulate or Litigate?
October 5, 2011| PublicationEnergy sector industry experts predict that hydraulic fracturing, aka “fracking” or “hydrofracking,” will provide the United States, among other countries,…
New Jersey Senate Introduces Bill No. 3036 Providing A Private Cause Of Action In The Settlement Of Insurance Claims
September 23, 2011| AlertOn Tuesday, September 19, 2011, New Jersey State Senator Nicholas Scutari introduced State Senate Bill No. 3036 (the “Bill”) which…
New Jersey District Court Grants Summary Judgment To Insurers Holding That Policy Language Was Unambiguous And Insurer Had Valid Grounds To Delay Paying Plaintiffs Claim
July 19, 2011| AlertOn June 27, 2011, the United States District Court for the District of New Jersey granted summary judgment to The…
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 Distress
June 22, 2011| AlertOn June 21, 2011, the New Jersey Supreme Court decided Abouzaid v. Mansard Gardens Associates, LLC, ____ N.J. ____ (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 Provides
June 22, 2011| AlertOn June 21, 2011, the New Jersey Supreme Court decided Passaic Valley Sewerage Commissioners v. St. Paul Fire & Marine…
U.S. Supreme Court Overturns the Largest Class Action Certification in the Wal-Mart Sex Bias Action
June 21, 2011| AlertIn the largest class action suit filed in U.S. history, the U.S. Supreme Court held in a June 20, 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 Limits
June 16, 2011| AlertOn June 14, 2011, the Supreme Court of New Jersey clarified whether an insured’s claim of bad faith against its…
New York Court Finds JPMorgan Chase Settlements Preclude $95 Million in Claimed Excess Insurance Coverage
June 15, 2011| AlertIn the latest opinion addressing the rights of excess insurers when an insured settles with an underlying insurer for less…
New York Court of Appeals Addresses Annualization of Limits and “Stub” Policies
February 28, 2011| AlertOn February 22, 2011, New York’s highest state appellate court addressed the annualization of aggregate limits to a multi-year liability…
Second Circuit Upholds Additional Insured Limitations; Discusses Impact of Certificates of Insurance
January 10, 2011| AlertOn December 23, 2010, the U.S. Court of Appeals for the Second Circuit upheld a requirement in an additional insured…
Negotiating Less than Policy Limits Settlements
October 14, 2010| PublicationAn “Exhaustive” Examination in the Wake of Recent Court Decisions Consider the following situation: A corporation’s employees file a class…
Developments and Trends in U.S. Securities and Class Action Litigation
October 14, 2010| PublicationPrivate securities actions have been a mainstay of the U.S. litigation landscape since the early 1930’s and class actions have…
What’s Hot and What’s in Store in the World of Claims
October 8, 2010| PublicationThe United States has long had a reputation for being a litigious society, limited only by the imagination of the…
Florida Jury Awards Residential Homeowners $2.5 Million Against Domestic Supplier of Chinese Drywall
July 8, 2010| AlertA Florida jury recently awarded residential homeowners nearly $ 2.5 million in damages stemming from the installation of defective Chinese-manufactured…
Appellate Division Holds Corporate Officers and Employees Potentially Liable Under Consumer Fraud Act Based on Regulatory Violation
June 30, 2010| AlertOn June 23, 2010, the New Jersey Superior Court, Appellate Division, in Allen v. V and A Brothers, Inc., held…
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 Merit
June 30, 2010| AlertOn June 28, 2010, the New Jersey Supreme Court clarified whether the failure to hold an Affidavit of Merit conference…
