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

Insurer obligated to pay counsel fees for aspect of declaratory judgment action in another jurisdiction

On June 5, 2009, the New Jersey Appellate Court ruled that an insurer is obligated to pay counsel fees incurred by the insured for a declaratory judgment action that the insurer had filed in Federal Court in Illinois, but was…

CATEGORIES: Insurance Law

NJ Governor signs law addressing remediation of contaminated properties

The New Jersey Site Remediation Reform Act On May 7, 2009 Governor Corzine signed the Site Remediation Reform Act (SRRA) into law. The SRRA is the most significant piece of environmental legislation since the 1997 Brownfield and Contaminated Site Remediation…

CATEGORIES: Environmental Law

Supreme Court rules arranger liability and apportionment under CERCLA in Burlington Northern

The Supreme Court issued its decision in Burlington Northern & Santa Fe Railway v. United States on May 4, 2009. The essential rulings in the 8-1 decision are that, 1) a party is not considered an “arranger” in CERCLA unless…

CATEGORIES: Environmental Law

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