Consistent with numerous other jurisdictions, the New Jersey Supreme Court has held that insurance anti-assignment clauses do not preclude policyholders from assigning claims after a loss. In Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., the Court examined claims for the defense and indemnification of an environmental liability action. The plaintiff brought a declaratory… Read More

The United States District Court for the Eastern District of Pennsylvania has held that absent prejudice to the policyholder, an insurer that timely reserves its right to deny liability coverage is not precluded from seeking a declaratory judgment, even if the declaratory judgment is filed well after the insurer began providing a defense. Nationwide Prop.… Read More

  ​The New Jersey Supreme Court has held that claims for contribution under the New Jersey Spill Compensation and Control Act (“Spill Act”) are not governed by a statute of limitations. The Spill Act authorizes parties who have entered into an agreement with the state Department of Environmental Protection to remediate a discharge of hazardous… Read More