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Insurance Recovery
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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

By | Published February 22, 2021 | Posted in Environmental & Natural Resources, Environmental Cleanup Cost Recovery, Environmental Litigation, Insurance Recovery | Tagged Tags: , , , | Comments Off on 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

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Insurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”

By | Published April 15, 2020 | Posted in Appeals, Environmental Issues, Environmental Litigation, Insurance Recovery | Comments Off on Insurance 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

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NJ Federal Court Provides Hope to Insureds Unable to Locate Historic Liability Policies and Coverage

By | Published July 7, 2017 | Posted in Insurance Recovery, Litigation | Leave a comment

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

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NJ Appellate Division Addresses Spoliation of Evidence in Recent Decision

By | Published January 24, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Insurance Recovery, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , | Leave a comment

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

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NJ Supreme Court Recognizes Direct Claim for Contribution between Insurers

By | Published November 12, 2013 | Posted in Environmental Cleanup Cost Recovery, Hazardous & Contaminated Site Remediation, Insurance Recovery, Redevelopment | Tagged Tags: , , , , | Leave a comment

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

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NJ Supreme Court Case Alters Insurance Coverage Allocations in Environmental Claims

By | Published October 18, 2013 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Insurance Recovery, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , , , | Leave a comment

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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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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