New Jersey Law

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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In a recent unpublished decision, Ross v. Lowitz the New Jersey Appellate Division addressed the question of whether a homeowner’s home heating oil that has migrated onto neighboring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 …

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

US Supreme Court to Decide Whether CERCLA Limitations Provisions Preempt State Law Statutes of Repose

On January 10, 2014, the United States Supreme Court granted certiorari in CTS Corporation v. Waldburger, a case involving an issue which has divided courts as to the effect on state statutes of repose of CERCLA’s preemptive federal provision…

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