On January 3, 2020, the New Jersey Appellate Division issued an unpublished opinion in
ACE American Insurance Company v. Everest National Insurance Company, et al., A-2939-
18T1, addressing the question of whether an insurer’s cause of action for indemnification…
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…
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…
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…
In a recent unpublished decision, Ross v. Lowitz the New Jersey Appellate Division addressed the question of whether a homeowner’s home heating oil that has migrated onto neighboring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 …
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 …
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…
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 …
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,…
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…