Publications
No coverage for an ATV accident that occurred on a public road that was not part of the “insured location” under the policy
In this declaratory judgment action, the issue was whether an ATV accident occurred on an insured location. If it did, then there was coverage for the accident. If it did not, then there was no coverage for the accident.
Case Law Alerts, 3rd Quarter, July 2015
Denied: plaintiff’s motion to join an additional defendant since the court held it was an attempt to defeat diversity jurisdiction
In this breach of contract/bad faith action, the plaintiff had rented his house to a man named Alphonso Hyman. According to the plaintiff, Hyman had vandalized the house and stopped making rental payments, which resulted in foreclosure.
Case Law Alerts, 3rd Quarter, July 2015
Plaintiff’s bad faith claim dismissed to the extent that it fell within the scope of Section 1797(b) of the Motor Vehicle Financial Responsibility Law regarding peer reviews
Progressive had issued an auto policy to the plaintiff. Following a motor vehicle accident, the plaintiff made a claim under the policy for his medical care and treatment.
Case Law Alerts, 3rd Quarter, July 2015
Plaintiffs’ claims for statutory bad faith, violation of the Consumer Protection Law and loss of consortium were all dismissed by the court in this property damage case
The roof of the plaintiffs’ home was damaged and required replacement.
Case Law Alerts, 3rd Quarter, July 2015
Defendant’s motion to dismiss was denied with respect to breach of the implied covenant of good faith and fair dealing and violation of the New Jersey Consumer Fraud Act in this case regarding damage to a home caused by Hurricane Sandy
The plaintiff’s home was destroyed by Hurricane Sandy. The plaintiff’s insurer subsequently denied coverage since the policy did not cover loss caused by flooding.
Case Law Alerts, 3rd Quarter, July 2015
Superior Court held that the trial court had erred in denying GEICO’s motion to sever and stay discovery as to the bad faith claim in this UIM/bad faith action
The Superior Court of New Jersey, Appellate Division reversed the orders of the trial court, which denied GEICO’s motion to sever and stay the bad faith claim and discovery related thereto, pending resolution of the underlying UIM claim.
Case Law Alerts, 3rd Quarter, July 2015
The court distinguished the Belt Painting case, which held that a bodily injury liability claim resulting from inhalation of paint fumes did not arise out of the discharge of pollutants
The Third Department of the Appellate Division held that both a pollution exclusion and a faulty workmanship exclusion applied to exclude coverage on a first-party policy that included coverage for a building in a government complex.
Case Law Alerts, 3rd Quarter, July 2015
Granted in part and denied in part plaintiff’s motion for partial summary judgment; defendant was obligated to provide a defense to plaintiff as an additional insured on the policy
The plaintiff owned a building and had hired Ecker Window Corp. to install windows at the premises.
Case Law Alerts, 3rd Quarter, July 2015
Loss not covered by policy’s Fraud and Alternation Endorsement as the fraudulent electronic transfers did not involve a check, draft, etc. and the loss fell within the policy’s exclusion for losses caused by malicious code or system penetration
The plaintiff was a real estate brokerage firm conducting business in Georgia. Thieves illegally logged into the plaintiff’s bank account and stole more than $188,000.
Case Law Alerts, 3rd Quarter, July 2015
Grant of judgment as a matter of law was improper: jury weighed witnesses’ credibility and determined that plaintiffs had not intentionally misrepresented anything to insurer regarding the fire damage
The plaintiffs’ home had sustained fire damage, and they presented a claim under their homeowners policy with the defendant.
Case Law Alerts, 3rd Quarter, July 2015