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New Jersey Appellate Division Modifies Manifestation Analysis | Publication

On October 12, 2017, the New Jersey Appellate Division in Air Master & Cooling, Inc. v. Selective Ins. Co., et…

Connecticut Supreme Court to Review “Unavailability Exception” and Other Significant Asbestos-Related Coverage Issues | Alert

On October 18, 2017, the Connecticut Supreme Court granted petitions to review the “unavailability exception” and other significant asbestos coverage…

Pennsylvania Supreme Court Rules Self-Interest or Ill-Will Not Required For Bad Faith Claim | Alert

On September 28, 2017, the Pennsylvania Supreme Court considered, as an issue of first impression, the requirements for proving a…

An Analysis of Policyholder Defenses to An Insurer’s Rescission Claim | Publication

In a recent Summary Order in Cont’l Cas. Co. v. Boughton, Case No. 16-2384 (June 5, 2017), the United States…

Upcoming New Jersey Choice of Law Decision for Long-Tail Claims | Alert

Insurance coverage disputes frequently implicate choice of law determinations where national distribution of manufactured products results in potential claims in…

Upcoming New Jersey Choice of Law Decision for Long-Tail Claims | Publication

Insurance coverage disputes frequently implicate choice of law determinations where national distribution of manufactured products results in potential claims in…

Second Circuit Provides First Significant Application Of Viking Pump | Alert

On July 18, 2017, the United States Court of Appeals for the Second Circuit provided the first significant appellate application…

First Department Holds That Additional Insured Is Not Subject to Self-Insured Retention | Alert

On June 13, 2017, New York’s Appellate Division, First Department, issued its much awaited opinion in Arch Insurance Company v.…

Leading Women Entrepreneurs Announces 2017 Honorees | News

Coughlin Midlige & Garland LLP warmly congratulates our distinguished Managing Partner, Suzanne C. Midlige, Esq. for being selected by “Leading…

Washington Supreme Court Applies Efficient Proximate Cause to General Liability Policy | Publication

The Washington Supreme Court recently held—despite recognizing that a pollution exclusion on its face excluded coverage under a liability policy—that…

New York Court of Appeals Narrowly Construes “Caused By” Language In Additional Insured Endorsement | Alert

In a highly anticipated decision, the New York Court of Appeals has held that the phrase “liability for ‘bodily injury’……

District Court Holds No Coverage for School That Knew Teacher Was Abusing Students | Alert

On June 1, 2017, the United States District Court for the District of New Jersey granted summary judgment in favor…

Actual-Injury Rule Dictates Multiple Occurrences in Minnesota for Sexual Abuse Claims | Publication

In 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 | Alert

On 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 | Alert

The 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 | Alert

In 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 | Publication

Property 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 | Alert

In an issue of first impression, a unanimous panel of the Superior Court of New Jersey, Appellate Division, held that…

Irish Legal 100 | News

Coughlin Midlige & Garland LLP and Kevin T. Coughlin, Esq. (Irish Legal 2015 inductee) warmly congratulate our distinguished Partner, Timothy…

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). | Alert

In 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 | Alert

On 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 | Publication

The 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 | Alert

On 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 | Alert

On 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 | Alert

On February 11, 2016, the New Jersey Supreme Court held that an insurer is not obligated to establish prejudice when…