In an unpublished opinion, the Appellate Division of the New Jersey Superior Court found in favor a commercial tenant and against the landlord in an action that focused on the interpretation of the lease between the two parties to determine which party was responsible for maintenance and insurance of the common area sidewalk. In Senatore… Read More

The United States District Court for the Eastern District of Pennsylvania ruled Monday that Church Mutual Ins. Co.’s lawsuit against a public adjusting firm and licensed public adjuster may proceed for claims of negligent misrepresentation, fraud and civil conspiracy. Church Mutual’s claims for civil conspiracy against two attorneys also survived. The action arose from two… Read More

A New York Appellate Court recently reinforced a trend in New York to provide coverage to additional insureds under the standard Additional Insured Endorsement. In Burlington Ins. Co. v. NYC Transit Auth., the court held that the standard AI Endorsement provides additional insured coverage where there is a causal link between the named insured’s conduct… Read More

A New Jersey Appellate Court ruled that a plaintiff’s lack of specificity as to what caused her bicycle accident did not support the trial court’s finding that the plaintiff presented no evidence of causation to support her negligence claim. In Walter v. California Avenue Ventures LLC, the Appellate Court reversed the trial court’s summary judgment… Read More

In Mirza v. Insurance Administrator of America, Inc., 2015 WL 5024159, (3d Cir. Aug. 26, 2015), the Court of Appeals addressed the principal question of whether under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. plan administrators must inform claimants of plan-imposed deadlines for judicial review in their… Read More

The NJ Supreme Court recently examined the amount an insurer issuing a “basic” insurance policy, which was subsequently voided for material misrepresentation in the application for insurance, must pay for a bodily injury claim of an innocent third party. In Citizens United Reciprocal Exchange v. Perez, the Court determined that under New Jersey’s compulsory system… Read More

A New York trial court dismissed an action for unfair claims practices and insurer bad faith against an insurer and a claims examiner that was brought by a third-party claimant injured in an auto accident. In Hunter v. Hereford Ins. Co., the Civil Court of Queens County held that plaintiff failed to state a cause… Read More

Under New Jersey law, commercial property owners have a duty to maintain the sidewalks abutting their properties and can be held liable for injuries occurring on those sidewalks. Residential landowners, on the other hand, do not have the same responsibilities and are immune from claims for personal injuries on residential sidewalks. In the 2011 case… Read More

On July 27, 2015, in Alden Leeds v. QBE Specialty Ins. Co., unpublished, No. A-2034-14T1 (App. 2015), the New Jersey Appellate Division rendered an important decision addressing discovery disputes between insureds and insurers over privileged documents. Alden Leeds involved a coverage dispute with QBE Specialty and Certain Underwriters at Lloyd’s, London over whether a fire… Read More

Court OKs Jury Trials for Private Insurance Fraud Defendants Michael Booth, New Jersey Law Journal July 21, 2015 | 0 Comments SHARE PRINT REPRINTS Barry Albin Barry Albin Carmen Natale The New Jersey Supreme Court has ruled that defendants in civil actions brought under the state’s Insurance Fraud Prevention Act (IFPA) have the right to… Read More