Gerard Giordano

Gerard Giordano

Cole Schotz

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Even if You Lose You May Win (Attorneys’ Fees That Is)

In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this...more

6/10/2015 - Attorney's Fees Construction Defects Declaratory Judgments Denial of Insurance Coverage Duty to Defend Indemnification Insureds Prevailing Party

Environmental Contamination Can Significantly Impact the Merits of a Property Tax Appeal

The New Jersey Tax Court recently ruled in Methode Electronics, Inc. v. Twp. Of Willingboro, Docket Nos. 019012-2010 and 014098-2011 (Tax January 22, 2015) that the assessment on contaminated property located in Willingboro,...more

2/4/2015 - Commercial Property Owners Contaminated Properties Property Tax Tax Appeals

OSHA Issues Final Rules On Reporting Injuries In The Workplace

OSHA recently passed new rules requiring employers to notify OSHA of a fatality within eight (8) hours of the death. The new rules also require employers to file a report with OSHA for each in-patient hospitalization of an...more

10/2/2014 - Final Rules OSHA Reporting Requirements Workplace Injury

The Absolute Pollution Exclusion May Not Be That “Absolute”

The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution. Insurance companies have taken the position...more

8/21/2014 - Commercial General Liability Policies Environmental Liability Environmental Policies Pollution Exclusion Property Insurance

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

4/3/2014 - Contaminated Properties Inherently Dangerous Activities Storage Tanks

Think Twice Before Throwing Out Those Old Business Records

Property owners or operators faced with an environmental cleanup often incur significant expenses to cleanup their property. Before starting the actual cleanup, property owners/operators should take the time to explore all...more

1/7/2014 - Commercial General Liability Policies Corporate Records Recordkeeping Requirements

Co-Insurer’s Contribution Claim for Defense Costs Upheld by New Jersey Supreme Court

The New Jersey Supreme Court recently held that insurers can sue co-insurers to recoup defense costs. In Potomac Ins. Co. of Ill. ex rel. OneBeacon Ins. Co. v. Pa. Mfrs. Ass’n. Ins. Co. (A-2-12) (September 16, 2013), the...more

10/24/2013 - Contribution Claims Legal Costs

Insureds Must Exhaust Coverage From Solvent Insurers

On September 24, 2013, the New Jersey Supreme Court ruled that policyholders must look to its solvent insurers before seeking benefits from the New Jersey Property-Liability Insurance Guaranty Association (“Guaranty...more

9/27/2013 - Contaminated Properties Insolvency Insurers Policy Limits Statutory Interpretation

A Company Can Be Held Liable As An Owner Under CERCLA Even Though It Does Not Own The Contaminated Property

In EPEC Polymers, Inc. v. NL Industries Inc., Civ. Action No. 12-3842 (D.N.J. May 24, 2013), defendant NL Industries Inc. owned property on one side of the Raritan River, where it produced and discharged waste to the river. ...more

6/18/2013 - CERCLA Contaminated Properties Discharge of Pollutants Environmental Liability Hazardous Substances US Army Corps of Engineers

OSHA’s Requires Immediate Action by Certain Employers to Meet the February 1, 2013 Recordkeeping Deadline

In keeping with OSHA’s injury and illness recordkeeping regulations, 29 C.F.R. 1904, on February 1, 2013 certain employers are required to post a summary of all injuries and illnesses that occurred in 2012. Employers are...more

1/31/2013 - OSHA Recordkeeping Requirements

OSHA Publishes Fact Sheet to Address Mold Cleanup of Buildings Damaged by Sandy

Due to the overwhelming damage to homes, businesses, and public facilities by Super Storm Sandy, cleanup is a priority for most victims of Sandy. With the federal and state governments joining in that effort, the...more

1/14/2013 - Hurricane Sandy OSHA Safety Precautions Toxic Mold

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