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…
Steven Cantarutti to speak on the live webcast, “Cybersecurity Post Sony: Risks, Responses and Disclosure ” on December 8, 2015 (3:00-5:00 p.m. EST)
December 8, 2015| EventSteven Cantarutti to speak on the live webcast, “Cybersecurity Post Sony: Risks, Responses and Disclosure ” on December 8, 2015…
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…
Coughlin Midlige & Garland LLP congratulates Jim Wyse and Julia Talarick on receiving the 2015 Outstanding Service Award from the Center for Great Expectations
November 14, 2015| EventCoughlin Midlige & Garland LLP congratulates Jim Wyse and Julia Talarick on receiving the 2015 Outstanding Service Award from the…
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.…
Mr. Robert Muilenburg spoke at the 2015 CLM Atlanta Conference-Environmental
October 14, 2015| NewsRobert Muilenberg, Founding Partner with Coughlin Midlige & Garland LLP presented, “Allocation and Coordination Between Various Coverages: Pollution, Commercial General…
Can a State Environmental Law Resurrect a CERCLA Contribution Claim?
September 23, 2015| NewsState statutes designed to compel private parties to spend their money to cleanup contaminated sites typically mirror the federal Comprehensive…
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 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…
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…
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,…
Technology Center at Princeton Land Acquisition
April 21, 2015| NewsOur Real Estate Group recently concluded the acquisition of all undeveloped land at the Technology Center at Princeton, in a…
Coughlin Midlige & Garland LLP is pleased to announce that 20 of its attorneys were selected for inclusion in New Jersey Super Lawyers® and New Jersey Rising Stars®
March 14, 2015| NewsNew Jersey Super Lawyers® is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and…
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…
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. ____…
