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
Read More
Archives for Insurance Law
New Jersey Supreme Court Holds That Injured Motorists Cannot Recover PIP Benefits In Excess of Policy PIP Limits
In Haines v. Taft, the New Jersey Supreme Court considered whether injured motorists who chose the $15,000 insurance minimum for PIP benefits can seek admission of evidence regarding medical expenses in excess of the minimum amount. The Court examined whether the New Jersey Legislature intended to deviate from its highly regulated no-fault system of first-party self-insurance to cover medical expenses arising from automobile accidents when it amended the Automobile Insurance Cost Reduction Act (“AICRA”) to allow an insured to elect smaller amounts of PIP coverage. Finding that there was no evidence of a clear intent by the Legislature to deviate
Read More
USDC for the Middle District of Florida Holds That A Policyholder Must First Prove Breach of the Policy Before Pursuing a Claim for Bad Faith
In Grey Oaks Country Club v. Zurich American Insurance Company, the District Court for the Middle District of Florida examined whether a policyholder could sustain a cause of action for bad faith against an insurer simultaneously with a coverage action. Relying on well-settled Florida case law, the court held that plaintiff’s bad faith claim was premature because a bad faith cause of action does not accrue until there is a determination of both liability and damages in the coverage case. Accordingly, plaintiff’s bad faith count was dismissed without prejudice. Grey Oaks Country Club brought suit against Zurich for damages to
Read More
New Jersey Appellate Division Affirms Summary Judgment for Insurer in Coverage Dispute Seeking Payment for Personal Property Loss Following a Fire at the Insured Property
In Thomas v. Allstate New Jersey Insurance Company, the New Jersey Superior Court, Appellate Division, considered a coverage dispute between the insurer and a person living at the insured property for loss of personal property. Plaintiff was not a named insured under the policy and was not a relative of the named insured. The court affirmed the trial court’s award of summary judgment to the insurer, agreeing with the trial court that coverage was not owed because plaintiff was neither a named insured under the policy or a resident of the household who was related to the named insured. Plaintiff
Read More
New Jersey Grants Summary Judgment to Insurer in Coverage Dispute by Another Insurer Seeking Reimbursement of Defense and Indemnification Costs for a Mutual Insured
In Ace American Insurance Company v. Penn National Insurance Company, the New Jersey Superior Court, Bergen County, considered a coverage dispute between two insurers providing insurance to a mutual insured for reimbursement of defense and indemnification costs associated with the settlement of a suit against the insured general contractor. The court held that the suit was barred by the applicable six-year statute of limitations, which began to accrue when an enforceable settlement was reached in the underlying action, and granted summary judgment in favor of the defendant insurer. In this case, Ace provided general liability insurance to the insured, while
Read More
Eastern District of Pennsylvania Dismisses Declaratory Judgment Action Brought by Insurer to Determine Its Duty to Defend and Indemnify as Premature
In First Specialty Insurance Corp. v. Hudson Palmer Homes, Inc., the district court for the Eastern District of Pennsylvania considered a declaratory judgment action brought by an insurer to determine the scope of its duty to defend and indemnify the insured, a home builder, in connection with ten construction defect lawsuits brought against it. None of those cases had been ruled upon when the declaratory judgment action was filed. The insured filed a Motion to Dismiss on the basis that the insurer’s action was not ripe for adjudication. The court, applying the three factors set forth in Step-Saver Data Sys.,
Read More
New Jersey Appellate Division Affirms Summary Judgment for Insurer in Coverage Dispute by Landlord Seeking Additional Coverage for Property Damage Caused by a Sewer Backup in A Tenant’s Restaurant
In Salih v. Ohio Security Insurance Co., the New Jersey Superior Court, Appellate Division, considered a coverage dispute between a landlord and its insurer involving a demand from the landlord for additional coverage under the lost business income provision of the policy for property damage caused by a sewage backup. The court affirmed the trial court’s award of summary judgment to the insurer, holding that the unambiguous language of the business income provision of the policy and a custom endorsement did not provide additional coverage over the sublimit set forth in the endorsement. The landlord argued that the business income
Read More
New Jersey Appellate Division Finds in Favor of Tenant and its Insurer in Coverage Dispute Between a Tenant and Its Insurer Against the Landlord
In Lopez v. Palin Enterprises, the New Jersey Superior Court, Appellate Division, considered a tenant’s duty to defend its landlord against a personal injury suit brought by the tenant’s employee. In this insurance coverage dispute, the landlord filed a third-party action against the tenant and its insurer, Wausau, seeking primary coverage as an additional insured under the Wausau policy and contractual indemnification from the tenant. The trial court determined that Wausau was required to provide the landlord with primary coverage and that the tenant was required under the terms of the lease to indemnify the landlord for its own negligence.
Read More
Third Circuit Authorizes New Jersey Consumer Fraud Act Claim Against Automobile Insurer Regarding Allegedly Fraudulent Procurement of Release
In Alpizar-Fallas v. Favero, the United States Court of Appeals for the Third Circuit examined a putative class action arising from an automobile accident allegedly resulting in injuries. Both the injured party and the other driver were insured by the same company. On the day after the accident, the injured party was contacted by a claims adjuster for the insurer, who asked that he visit her home later that day. When the adjuster visited, he purportedly requested that the injured party sign certain documents, claiming that this would expedite the handling of her claim. The injured party (whose native language
Read More
New Jersey Appellate Court Upholds Denial of Businessowners Liability Coverage for Accident Involving Mechanical Lift Attached to Truck
In Ruffa v. Ruffa, the Appellate Division of the New Jersey Superior Court examined an insurance coverage dispute arising from an accident involving a box truck. The defendant purchased the box truck for his catering business. The truck included a hydraulic lift. A warning printed on the lift directed that individuals should not ride on its platform. The truck’s owner manual also cautioned against using the lift as a wheelchair or personnel lift. The day after the defendant purchased the truck, he was installing shelving in the truck when his four-year old son accidentally activated the lift. The child’s arm
Read More
