Archives for Alternative Dispute Resolution

New Jersey Supreme Court Adopts ‘Ongoing Storm Rule,’ Preempting Landowner Liability for Clearing Ice or Snow From Sidewalks

Addressing whether commercial landowners owe a duty to clear snow and ice from their property during a storm, the New Jersey Supreme Court has adopted the ongoing storm rule, under which a landowner does not have a duty to remove snow or ice from public walkways until a reasonable time after the cessation of precipitation. Angel Alberto Pareja v. Princeton International Properties (2021). In January 2015, plaintiff Angel Alberto Pareja was walking to work when he slipped on ice, fell, and broke his hip. The sidewalk area on which he fell was on property owned and managed by defendant Princeton
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New York Federal Court Holds That Arbitrators Must Decide Whether Party Waived Right to Arbitrate

In Syngenta Crop Protection, LLC v. Ins. Co. of North America, the United States District Court for the Southern District of New York addressed an action against a liability insurer for coverage for asbestos claims. The policyholder first notified the insurer of the claims in 1999. The insurer responded with a reservation of rights letter explaining why the claims may not be covered. However, the insurer took no further action on the claims. In 2008, the policyholder made a formal demand for indemnification. In 2017, the insurer finally issued a denial of coverage. In its denial, the insurer asserted for
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