By Carolyn Griffin | Published February 22, 2021 | Posted in Environmental & Natural Resources, Environmental Cleanup Cost Recovery, Environmental Litigation, Insurance Recovery | Tagged Tags: Insurance Denials, NJ Transit and Sandy, Sandy and insurance, Super storm sandy | Comments Off on New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy
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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy
A New Jersey Supreme Court opinion issued on January 27, 2021 affirmed an Appellate Division decision in favor of NJ Transit over its insurers. In 2012, when Superstorm Sandy hit the New Jersey coastline, NJ Transit was covered by a $400 million property insurance plan through eleven different insurers. After Sandy damaged large amounts of Read More
Read MoreInsurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”
Perhaps you are not familiar with the Named Stormed Deductible in insurance policies for commercial operations. If so it might be a good time to visit this issue. The broker in a lawsuit called Wakefern Foods v BWD Group, LLC probably wishes it had a better grasp of this policy provision before it sold an Read More
Read MoreNJ Federal Court Provides Hope to Insureds Unable to Locate Historic Liability Policies and Coverage
In E.M. Sergeant Pulp & Chemical Co., Inc. v. Travelers Indemnity Co., Inc., plaintiff policyholder sought coverage and defense costs for environmental pollution claims under policies allegedly issued by defendant insurer. Civ. No. 12-1741, 2015 WL 9413094 (D.N.J. Jan. 17, 2017). Plaintiff, a distributor of heavy industrial inorganic chemicals and raw materials, owned property in Read More
Read MoreNJ Appellate Division Addresses Spoliation of Evidence in Recent Decision
Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More
Read MoreNJ Supreme Court Recognizes Direct Claim for Contribution between Insurers
The New Jersey Supreme Court held recently that an insurer with an obligation to indemnify and defend has a direct claim for contribution against a co-insurer for costs associated with defending the insured in continuous property damage litigation. This is true even if the insured releases that co-insurer. In Potomac Ins. Co. v. Pennsylvania Manufacturers’ Read More
Read MoreNJ Supreme Court Case Alters Insurance Coverage Allocations in Environmental Claims
On September 24, 2013, the New Jersey Supreme Court handed down an important insurance case in Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, ____ N.J. ____ (2013) that could change the way that insurance coverage is allocated for environmental claims when dealing with an insolvent insurance carrier. In Read More
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