New Jersey Law

The Old Red Mill in Clinton

NJ District Court Opens CERCLA Consent Decree and Agreement with Insurers For Neighbors Who Were Not Involved in Initial Actions and Settlement

In recent N.J. Federal Court decision, US v. South Jersey Clothing Co, et. al, the District of New Jersey addressed a scenario to decide whether a decade-old consent decree and settlement between responsible parties and their insurers should be reopened…


It is Not Bad Faith For Insurer to Sue to Rescind Policy Due to Material Misrepresentation in Insurance Application After Defending Underlying Case for Two Years.

On January 19, in Nova Casualty Company v. Col-Mor Apartments the court granted summary judgment to the plaintiff insurer on the counter-claim which alleged bad faith. The court concluded that there was legitimate basis for the suit for rescission, and…

CATEGORIES: Insurance Law

NJ App. Court Confirms Trigger in Construction Claim

This declaratory judgment action was brought against Travelers Property and Casualty Company of America (“Travelers”) seeking a declaration that Travelers provided coverage to a subcontractor that allegedly performed negligent work as part of an extensive home improvement project involving construction…


NJ App. Div. Rejects Nuisance and Trespass Claims in Homeowner Leaking UST Case and Rejects Bad Faith Claim Against Insurers.

In a recent unpublished decision, Ross v. Lowitz the New Jersey Appellate Division addressed the question of whether a homeowner’s home heating oil that has migrated onto neighboring property constitutes a nuisance or continuing trespass; and further whether a neighboring …




NJ Supreme Court rules that a claim against insurer for bad faith can be decided by a jury.

On June 14, 2011 the New Jersey Supreme Court ruled that a claim for bad faith against an insurer for failure to settle a case within the limits of an insurance policy is to be decided by a jury. Wood


Demolition of home to allow for cleanup of contamination is not excluded from coverage due to owned property exclusion.

In the recent unreported decision, Proformance Insurance Co. v. Riggins, the New Jersey Appellate Division addressed a dispute between two insurers as to the responsibility to pay for the demolition of a home necessary for implementation of cost effective environmental…


Appellate Court Affirms Denial of Fire Loss Coverage Due to Vacancy Exclusion

The New Jersey Appellate Division, in Crum & Forster v. Mecca & Sons Trucking, (unreported), affirmed the denial of coverage for a fire loss based, primarily, upon the vacancy exclusion contained in the policy. The Court reviewed the evidence as …



CATEGORIES: Insurance Law

Steven Kunzman to Co-Chair Seminar on Groundwater Contamination

Steve Kunzman, partner in the firm, will be a co-chair of a comprehensive conference: Groundwater Contamination and Vapor Intrusion Cases The seminar, which will be put on by Law Seminars International, will take place at the Sheraton Newark Airport…


Insurance Policy Equitably Reformed – Coverage Denial Not Bad Faith

In a recent unreported decision, Rodriguez v. New Jersey Underwriting Ass’n, the New Jersey Appellate Division affirmed a decision reforming a homeowner’s insurance policy on equitable grounds. In the case, Diomedes Gonzales deeded his home to his former non-marital partner,…

CATEGORIES: Insurance Law

Coverage must be provided where wind damage to one floor requires related repairs to undamaged floors of building

In DEB Associates v. Greater New York Mutual Insurance Company, (NJ App. Div.- approved for publication) the court held there is insurance coverage for the costs to update and correct construction code deficiencies on floors of a building arising…

CATEGORIES: Insurance Law