In Diaz v. Chrys S. Norwood Family, LP, the New Jersey Appellate Division affirmed the trial court’s grant of summary judgment to an insurer in a personal injury suit that included a declaratory judgment cross-claim by one of the defendants for insurance coverage. In this case, the Plaintiff was an employee of a tenant who was injured when he slipped on ice and brought suit against the landlord, the landlord’s property manager, and another third party. The property manager sought defense and indemnification from the tenant’s insurer as an additional insured on the basis that the tenant’s policy included coverage
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Monthly Archives June 2019
Pennsylvania Supreme Court To Review Superior Court Decision Regarding the Payment of General Contractor Overhead and Profit
The Pennsylvania Supreme Court granted certiorari in Wintersteen v. Truck Insurance Exchange to examine the appellate court’s holding that general contractor overhead and profit (“GCOP”) was not required to be factored into two homeowners’ actual cash value payments from their insurer for property damage. The appellate court reversed the trial court’s holding that GCOP was required by state law to be included in actual cash value payments. The Supreme Court granted review to address one issue: whether the Superior Court erred as a matter of law in finding that the limitation of payment of GCOP from actual cash value in
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New Jersey Appellate Court Reverses Trial Court’s Holding That Plaintiff Could Not Demonstrate Proximate Cause for Her Accident in Personal Injury Suit
In Winstead v. Yorkshire Village, the New Jersey Appellate Division reversed the trial court’s grant of summary judgment to a landlord in a personal injury suit. Plaintiff brought suit against the landlord after she was injured by a malfunctioning automatic exterior entry door at her apartment building. The trial court determined that the malfunctioning door was not the proximate cause of Plaintiff’s injuries because Plaintiff did not have a reasonable fear of being struck by it. The appellate court disagreed and held that a genuine issue of disputed material fact precluded entry of summary judgment for the landlord. Plaintiff was
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New Jersey Appellate Court Affirms Insured Win in Declaratory Judgment Action on Basis That the Language of the Assault and Battery Exclusion Was Ambiguous
In CMS Investment Ventures, Inc. et al. v American European Insurance Company et al., the New Jersey Appellate Division examined a trial court’s granting of declaratory judgment in favor of an insured. The insured landlord filed a claim for defense and indemnification after a tenant who was sexually assaulted in her apartment filed suit under a theory of premises liability. The insurer denied coverage under the Assault and Battery Exclusion of the policy. The trial court found in favor of the insured, holding that the Exclusion was ambiguous and that the insurer was estopped from denying coverage due to a
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