In Friedman v. Martinez, the New Jersey Superior Court, Appellate Division, examined a lawsuit brought by over sixty women alleging that a janitor surreptitiously recorded them through hidden equipment placed in an office building restroom. The women brought suit against numerous defendants, including the janitor, building owner, and management company. The defendants filed a motion for summary judgment, seeking to dismiss the claims of thirty-five plaintiffs who did not appear in the approximately eight hours of recordings recovered by police during their investigation. The motion was granted, and the claims of these plaintiffs were dismissed. On appeal, the Appellate Division
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Clark & Fox Successfully Obtains Dismissal of Insurer in Bachir v. Lloyd’s of London, 2015-03060 (2d Dept. Jan. 24, 2018)
Affirming New York’s long-standing enforcement of insurance policy suit-limitation provisions, the Second Department upheld the dismissal of a group of Lloyd’s of London insurers from a lawsuit seeking payment for damages due to a fire loss at a Long Island restaurant. On January 13, 2008, a fire occurred at the Bayville Lobster House, a property insured by the London syndicates. The insured submitted a claim that was denied because the policy had been cancelled weeks prior to the fire due to late payment of the policy premium. In December 2010, the insured filed a Summons in the Supreme Court, Suffolk
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New York Federal Court Authorizes Deposit of Policy Proceeds in Interpleader Action Involving Priority of Liens
In Allstate Indem. Co. v. Collura, the United States District Court for the Eastern District of New York considered an interpleader action brought by a homeowners’ insurer. After determining the amount owed on a partial loss claim, the insurer learned that several parties were lienholders with potential entitlements to the insurance proceeds. The lienholders included the mortgagee, the bank to which the mortgage was assigned, the mortgage servicer, the United States government (which held tax liens), and a third party that asserted a claim against the policyholder. The insurer sought to deposit the actual cash value payment with the Court,
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New Jersey Appellate Court Holds That Additional Insured is Not Entitled to Coverage for Gross Negligence
In Moran-Alvardo v. Nevada Court Realty, LLC, the Superior Court of New Jersey, Appellate Division, addressed a liability insurance claim arising from a fall on snow in a shopping center parking lot. After the injured party filed an action against the shopping center owner and a tenant, the property owner filed a third-party indemnification action against the tenant and the tenant’s liability insurer. The trial court granted summary judgment in the tenant’s favor with regard to the indemnification claim, but granted summary judgment in the owner’s favor with regard to insurance coverage. Both decisions were reversed on appeal, as the
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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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New Jersey Superior Court Finds for Defendants in Slip-and-Fall Case Brought by Trespasser
In Negron v. Warriner’s Construction Co., Inc., the Law Division of the Superior Court of Cumberland County, NJ granted summary judgment to three defendants in a case concerning a slip and fall in a bank parking lot. The plaintiff fell while using the parking lot as a shortcut while walking from a store to his apartment. The plaintiff claimed that he fell on ice that was covered by a light coating of snow that had fallen within 30 minutes of the accident. The motion for summary judgment was filed by three of the four defendants, including the landowner, possessor of
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Florida Supreme Court Adopts Concurrent-Cause Doctrine
Resolving a split among lower-level appeals courts, the Florida Supreme Court has adopted the concurrent-cause doctrine, ruling that coverage exists under an all-risk property policy when multiple perils combined to create a loss and at least one of the perils is covered by the terms of the policy. Under the facts outlined in Sebo v. American Home Assurance Co., No. SC14-897 (Fla. Dec. 1, 2016), John Sebo purchased a Naples, Florida home in April 2005, when it was four years old. American Home Assurance Company AHAC) provided homeowners insurance as of the date of the purchase. The policy, which insured
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New Jersey Federal Court Declines to Dismiss ERISA Action Against Health Insurance Claims Administrators
In HUMC Opco, LLC v. United Benefit Fund, the United States District Court for the District of New Jersey addressed motions to dismiss an ERISA action brought against a health insurer and insurance claims administrators. The action concerned medical bills in excess of $7 million, for medical care provided by a hospital over the course of nearly a year. According to the Complaint, the patient’s health insurer was obligated to pay over $789,000.00 for the medical care based upon the so-called “Medicare rate,” but instead paid less than $12,900.00. Following the patient’s death, his spouse assigned his right to benefits
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New Jersey Appellate Division Affirms Defense Verdict in Slip-and-Fall Case
New Jersey Appellate Division Affirms Defense Verdict in Slip-and-Fall Case In Anderocci v. Coach, Inc., the New Jersey Superior Court, Appellate Division reviewed a trial court decision granting summary judgment to the defendants in a slip-and-fall case. The fall occurred in a retail store in a shopping mall. The plaintiff contended that the fall was caused by a slippery floor. The plaintiff supported her claim with an expert opinion concluding that the establishment’s wood floor became slippery due to the use of excessive water in cleaning it. In granting summary judgment for the defendants, the trial court determined that the
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Clark & Fox Partner Michael Savett Quoted in Law360
https://www.law360.com/insurance/articles/860106/nj-justices-may-bolster-insurers-in-policy-assignment-feuds
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