The Superior Court, Law Division, of Essex County, New Jersey has held that a flood coverage sublimit does not apply to damage arising from Superstorm Sandy. In Public Service Enterprise Group v. Ace Insurance, the utility Public Service Enterprise Group (“PSEG”) was insured under policies with total coverage limits of $1 billion. The policies did… 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

​In a unanimous decision, the New Jersey Supreme Court has reaffirmed its prohibition on “net” expert opinions that are contradicted by the facts. Townsend v. Pierre concerns a fatal automobile collision. The defendants included the owner of property at the intersection where the accident occurred, as well as the property lessee. The plaintiff contended that… Read More

​The United States District Court for the Eastern District of Pennsylvania has dismissed a wrongful death claim against a municipality, police department, and school district based upon allegations that these parties created dangerous circumstances at a street crossing that led to a minor’s death. Estate of Viola v. Township of Bensalem concerned the death of… Read More

​The New Jersey Superior Court, Appellate Division, has held that an attorney applying for legal malpractice coverage on behalf of his firm had a duty to inquire as to whether his fellow attorneys were aware of potential malpractice claims. Imperium Ins. Co. v. Porwich concerned attorney Philip Feintuch’s application for legal malpractice coverage on behalf… Read More