​In Ashrit Realty LLC v. Tower National Ins. Co., the Appellate Division of the New Jersey Superior Court held that an insurer properly denied coverage for a building collapse resulting from soil erosion, following the collapse of a pipe. The Court’s decision reflects its willingness to enforce the plain language of a standard anti-concurrent/anti-sequential causation… Read More

The Pennsylvania Superior Court has held that a former in-house attorney for dissolved companies cannot assert the attorney-client privilege in response to a subpoena for documents pertaining to his former representation of the companies. In so doing, the Court held that the attorney-client privilege may only be asserted for a defunct company if a current… Read More

The Judicial Panel on Multidistrict Litigation has ordered that pre-trial proceedings in twelve putative class actions alleging defects in composite outdoor decking materials be coordinated or consolidated in the United States District Court for the District of New Jersey. The suits contend that decking materials sold by GAF Materials Corp. tend to warp, crack, and… Read More

In a landmark decision, the Pennsylvania Supreme Court has held that claims under the Pennsylvania insurance bad faith statute may be assigned to third parties. This decision will enable plaintiffs who have obtained an excess verdict against a policyholder to not only pursue a common-law bad faith claim against the liability insurer for the excess… Read More

​In Nucci v. American Ins. Co., the New Jersey Superior Court, Appellate Division, examined whether a policyholder’s settlement with alleged tortfeasors precludes an insurer from pursuing subrogation claims against the tortfeasors. While the Court did not issue any precedential decision at this time, the opinion indicates that it may ultimately determine whether tortfeasors who settle… Read More

Happy Thanksgiving from Clark & Fox. We appreciate our clients’ business and we look forward to the holiday season.… Read More