In a recent note, we discussed the New Jersey Legislature’s consideration of the Insurance Fair Conduct Act, which would establish a statutory cause of action for the bad faith handling of insurance claims. On April 12, 2018, the New Jersey Senate approved an amendment of the bill to exclude insurance producers and public entities. The… Read More

In D.G. v. B.E.A., the New Jersey Superior Court, Appellate Division addressed a demand for a homeowners’ liability insurer to provide defense and indemnification of a lawsuit raising allegations of domestic violence. The insurer denied coverage on the grounds that the lawsuit did not raise allegations of an “occurrence” as required by the policy, and… Read More

In Northfield Ins. Co. v. Mt. Hawley Ins. Co., the New Jersey Superior Court, Appellate Division, examined a declaratory judgment action brought by a property owner’s insurer against a contractor’s liability insurer. The case arose from a roof installation performed by the contractor and a subcontractor at a hotel in the summer of 2012. Shortly… Read More

In J.H. v. R&M Tagliareni, LLC, the New Jersey Superior Court, Appellate Division, examined a lawsuit regarding burns to an infant. The infant was staying at the apartment of his stepmother’s sister and sleeping on a bed next to a radiator. While sleeping, the infant rested his head against the radiator and suffered third-degree burns.… Read More

In KeySpan Gas East Corp. v. Munich Reinsurance Am., Inc., the New York Court of Appeals examined an action against a liability insurer for indemnification of long-tail environmental damage. The plaintiff power company owned two manufactured gas plants that began operations in the late 1880s and early 1900s, and had remained in operation for several… Read More

In Keodalah v. Allstate Ins. Co., the Washington Court of Appeals reviewed an action against an insurer and an adjuster employed by the insurer for statutory insurance bad faith and violation of the state’s Consumer Protection Act, concerning the allegedly improper settlement of an underinsured motorist claim. The trial court dismissed the statutory bad faith… Read More

In Colony Ins. Co. v. AIG Specialty Ins. Co., the United States District Court for the Southern District of New York considered a claim under a professional liability policy brought by Colony Insurance seeking reimbursement for extra-contractual damages paid on a “claims made” commercial general liability policy. The underlying claim concerned a construction defect lawsuit… Read More

In Friedman v. Martinez, the New Jersey Superior Court, Appellate Division, examined a lawsuit brought by over sixty women alleging that a janitor surreptitiously recorded them through hidden equipment placed in an office building restroom. The women brought suit against numerous defendants, including the janitor, building owner, and management company. The defendants filed a motion… Read More