Publications
"Like-licensed" professional rule does not necessarily apply when reviewing the qualifications of testifying experts. Barring plaintiff's expert's report on the eve of trial constitutes exceptional circumstances that warrant a discovery extension.
The New Jersey Appellate Division considered the barring of a plaintiff's expert's report on the eve of trial due to the fact that the report was authored by an engineer but offered against the defendant architectural firm. It is not
Case Law Alerts, 2nd Quarter, April 2015
An Affidavit of Merit is necessary to support claims of professional malpractice or negligence liability, and it must be authored by an affiant who is licensed within the same profession as the defendant.
The issue before the Appellate Division concerned whether an Affidavit of Merit authored by a licensed engineer was sufficient to sustain claims against a licensed New Jersey architect pursuant to New Jersey’s Affidavit of Merit Statute, N.J
Case Law Alerts, 2nd Quarter, April 2015
Restatement (Second) Contracts §302 requisite assert 3rd-party beneficiary breach of contract claim against atty can be satisfied w/out beneficiary named in Will/contract if situation shows intent for non-named beneficiary to benefit from contract/will.
The plaintiffs brought a legal malpractice action against the defendant attorneys for their alleged failure to properly prepare the testamentary documents for the Estate of Robert H. Agnew.
Case Law Alerts, 2nd Quarter, April 2015
A delay in payment of benefits is not in itself a basis for a bad faith claim if the insurer had a reasonable basis for the delay.
The defendant filed a motion to dismiss the plaintiffs’ claim for bad faith.
Case Law Alerts, 2nd Quarter, April 2015
Summary judgment on stacking issue denied where the policy number for the policy in effect at the time of the accident was different than the policy number for the policy in effect at inception.
The defendants sought dismissal of the plaintiff’s claim for stacked underinsured motorist “UIM” benefits, dismissal of the plaintiff’s statutory bad faith claim, and dismissal of all claims against Progressive Casualty Ins
Case Law Alerts, 2nd Quarter, April 2015
Summary judgment entered in favor of the defendant insurer in breach of contract and bad faith claims because the plaintiff did not bring forth any evidence to support either claim after his disability benefits were terminated.
The plaintiff had purchased a disability policy from the defendant. The plaintiff was hospitalized after he suffered damage to his kidneys due to his diabetes.
Case Law Alerts, 2nd Quarter, July 2015
There is no liability insurance coverage for tenants of a property as they did not meet the definition of insured under the policy.
This action arose from the drowning death of a two-year-old child in a swimming pool at a home that was being rented by plaintiffs Shawn and Tanya Moon. Plaintiff Tanya Moon was babysitting the child at the time of accident.
Case Law Alerts, 2nd Quarter, April 2015
One of the defendants was inappropriately named in a declaratory judgment action where the underlying negligence action had been settled within policy limits and no excess judgment had been entered against her.
GEICO appealed from the district court’s order granting the defendant’s motion for summary judgment in a declaratory judgment action stemming from a 2008 motor vehicle accident.
Case Law Alerts, 2nd Quarter, April 2015
Flood-related claim is denied because the homeowners policy had expired prior to Superstorm Sandy.
The plaintiffs sought to recover flood-related damages to their residence from Superstorm Sandy pursuant to the Standard Flood Insurance Policy issued by the defendant.
Case Law Alerts, 2nd Quarter, April 2015
Florida’s Revised LLC Act Impacts All Florida Limited Liability Companies
Effective January 1, 2015, the Florida Revised Limited Liability Company Act (Revised Act) applies to all Florida limited liability companies, regardless of when they were formed, and the former Act (codified in Chapter 608 of the Florida Statutes
Case Law Alerts, 2nd Quarter, April 2015