In Headley v. Stillwater Insurance Group (unreported), the trial court granted summary judgment to an insurer in a case involving coverage for the collapse of a home foundation. The policy at issue contained water and earth movement exclusions with an anti-concurrent clause (“ACC”). Such a clause precludes coverage for losses resulting in any manner from and excluded cause. The lower court held that the water and earth movement exclusions barred coverage for the loss due to the ACC clause. On appeal, the Appellate Division affirmed the decision and the insured’s case was dismissed. The insured’s home suffered property damage after
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Archives for Enviromental Coverage/Litigation
New Jersey Supreme Court Holds That Anti-Assignment Clause Does Not Preclude Post-Loss Assignment of Claims
Consistent with numerous other jurisdictions, the New Jersey Supreme Court has held that insurance anti-assignment clauses do not preclude policyholders from assigning claims after a loss. In Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., the Court examined claims for the defense and indemnification of an environmental liability action. The plaintiff brought a declaratory judgment complaint against several insurers, contending that it was entitled to coverage as an affiliate of the named insured. While the declaratory judgment action was pending, the corporate successor-in-interest to the named insured executed an assignment of rights under the policy to the plaintiff. Citing
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LAW360 Publishes Interesting Insurance Cases To Be Decided In Second Half of 2015
Here is the article: Insurance Cases To Watch In The 2nd Half Of 2015 Share us on: By Jeff Sistrunk Law360, Los Angeles (June 19, 2015, 3:21 PM ET) — Attorneys are eagerly awaiting the California Supreme Court’s decision on when policyholders can transfer insurance rights during mergers and corporate restructurings, and anticipating guidance from New York’s high court on complex allocation and exhaustion issues in asbestos lawsuits. Here are five cases that insurance attorneys will be tracking in the second half of the year. Fluor Corp. v. Superior Court The California Supreme Court is mulling over whether to disturb
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The Inadmissibility of Expert Net Opinions Addressed by Another New Jersey Court
Relying on the rationale set forth in the recently decided case of Townsend v. Pierre (see post of March 13, 2015), the Appellate Division of the New Jersey Superior Court affirmed the summary judgment dismissal of a personal injury action in Deniese v. Site Service Group Inc. (unpublished), on the basis that plaintiff’s expert rendered an inadmissible net opinion regarding the defendant’s alleged negligence. Mr. Deniese was injured when he slipped and fell into a row of shrubs while brushing snow from his car, which was parked in front of a bank. He sued the bank’s snow removal and landscaping
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Eastern District of Pennsylvania Holds That Alleged Delay Does Not Preclude Insurer From Seeking Declaratory Judgment After Timely Reservation of Rights
The United States District Court for the Eastern District of Pennsylvania has held that absent prejudice to the policyholder, an insurer that timely reserves its right to deny liability coverage is not precluded from seeking a declaratory judgment, even if the declaratory judgment is filed well after the insurer began providing a defense. Nationwide Prop. and Cas. Co. v. Shearer concerned a lawsuit alleging that several policyholders and other property owners discharged sewage and wastewater onto the underlying plaintiff’s neighboring property. The defendant insurer advised all of the policyholders that it would be defending the matter under a reservation of
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New Jersey Supreme Court Holds No Statute of Limitations Applies to Contribution Claims Under Spill Act
The New Jersey Supreme Court has held that claims for contribution under the New Jersey Spill Compensation and Control Act (“Spill Act”) are not governed by a statute of limitations. The Spill Act authorizes parties who have entered into an agreement with the state Department of Environmental Protection to remediate a discharge of hazardous materials to seek contribution from other responsible parties. Morristown Associates v. Grant Oil Co. concerned an action by the owner of a shopping center seeking contribution for the costs of remediating a leak in an underground storage tank used by a cleaning business that is
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