​The New Jersey Superior Court, Appellate Division, has rejected the argument that an insured’s spouse has a “presumptive right” to the policyholder’s life insurance benefits. Fox v. Lincoln Financial Group concerns a life insurance policy that initially named the policyholder’s first spouse as a beneficiary. After the policyholder divorced, he designated his sister as sole… Read More

​The New Jersey Supreme Court has released two significant insurance bad faith opinions, both in the context of uninsured motorist claims. In Badiali v. New Jersey Manufacturers Ins. Co., the Court acknowledged that an insurer’s reliance upon unpublished appellate decisions does not constitute bad faith. In Wadeer v. New Jersey Manufacturers Ins. Co., the Court… Read More

​The New Jersey Superior Court, Appellate Division, has upheld a defense verdict in a matter contending that an automobile insurer improperly lowered liability and personal injury protection coverage limits without the consent of the named insureds. Brown v. Government Employees Ins. Co. concerned changes made to a policy over two years after the policy had… Read More

​An intermediate New York appellate court has held that a landlord was not liable for a tenant’s fall from the building’s roof, as the fact that the roof was accessible from the roof did not render the plaintiff’s use of the roof foreseeable. Feuerherm v.Grodinsky concerned an accident that occurred at a seven-unit apartment. The… Read More

​A New Jersey trial court has declined to reconsider its previous determination that a $22 million “named-storm” deductible applied to a $54 million property insurance claim for damage arising from Superstorm Sandy. The claim and subsequent lawsuit was brought by insured supermarkets seeking compensation for spoiled food, property damage, business interruption, and other losses following… Read More

​The Pennsylvania Superior Court has held that pursuant to a fraudulent acts policy exclusion, a policyholder was not entitled to liability coverage for a class action verdict arising from the policyholder’s misleading description of an ERISA benefits plan. In Cigna Corp. v. Executive Risk Indem., Inc.,the policyholder sought coverage for a class action challenging the… Read More

The Pennsylvania Superior Court has reversed a trial court decision granting summary judgment for the defense in a sidewalk defect case, after determining that the trial court erroneously held as a matter of law that the defect in question was “trivial.” Reinoso v. Warminster Heritage concerned an accident at a shopping center in which the… Read More