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Attorney succeeded in having the Appellate Division affirm two (2) trial court decisions

Attorney succeeded in having the Appellate Division affirm two (2) trial court decisions. The case arose out of the discovery of a leaking underground oil tank on a property. The property owners' were sued by several neighboring property owners and the owners' tendered these complaints to their insurer. The insurer denied coverage under the absolute pollution exclusion which was properly added to the policy. A DJ Action was then filed by the parties in which the property owners' then sought first party coverage under a pollution clean-up rider which had a small limit and attorneys fees. The judge ruled that the owners were entitled to the limit but not to attorneys fees. The owners' appealed. The Appellate Court affirmed arguing that the owners' did not timely raise the attorneys fee issue at the trial level and their claim was precluded and that they were not entitled to reimbursement of attorneys' fees for first party insurance coverage.

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