Robert Pawlowski

Robert Pawlowski

K&L Gates LLP

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Latest Publications


New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

7/14/2015 - Commercial General Liability Policies Construction Industry Faulty Workmanship Fireman's Fund Insurance General Contractors Insurance Industry ISOs Liability Insurance Property Damage Real Estate Development Real Estate Market Subcontractors

The Supreme Court of New Jersey Defines a “Successful Claimant” Under New Jersey Court Rule 4:42-9(a)(6) for Fee-Shifting in...

The Supreme Court of New Jersey recently issued a significant pro-policyholder decision regarding fee-shifting under the New Jersey Court Rules. Under Rule 4:42-9(a)(6), courts may award attorneys’ fees in “an action upon a...more

5/29/2015 - Attorney's Fees Commercial General Liability Policies Duty to Defend Fee-Shifting Negligence NJ Supreme Court

Supreme Court of New Jersey Confirms “Fairly Debatable” Standard for First Party Bad Faith; Acknowledges Relevance of Actual...

The Supreme Court of New Jersey just issued an important pair of decisions for policyholders with bad faith claims against their first-party insurance companies in Badiali v. New Jersey Manufacturers Insurance Group and...more

3/6/2015 - Bad Faith Fairly Debatable Standard Insurance Companies Insurance Litigation NJ Supreme Court

Terrorism Risk Insurance Act of 2002 Extended as First Legislation of 2015; 114th Congress

Earlier this month, President Barack Obama signed important legislation extending the Terrorism Risk Insurance Act of 2002 (“TRIA”), which lapsed December 31, 2014, through December 31, 2020. During the lapse, policyholders...more

1/27/2015 - Terrorism Insurance TRIA

IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and...more

10/14/2014 - Duty to Defend Insurers Long-Tail Claims Policy Limits

Alabama Supreme Court Clarifies Position on Construction Coverage Question: Damage to Contractor’s Work Resulting from Faulty...

In an important decision for policyholders in the construction business, the Supreme Court of Alabama recently clarified that Alabama law is in accord with the growing majority of jurisdictions finding coverage for property...more

4/29/2014 - Construction Defects Faulty Workmanship Property Damage

West Virginia’s High Court Holds Defective Workmanship Causing Bodily Injury or Property Damage Does Constitute an “Occurrence”...

West Virginia has left the shrinking minority of states still precluding coverage for bodily injury and property damage claims arising out of defective workmanship....more

7/9/2013 - Bodily Injury Construction Defects Negligence Property Damage

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