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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

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