News & Analysis as of

NJ Supreme Court Insurance Litigation

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Rivkin Radler LLP

Insurance Update - June 2024

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Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more

Lathrop GPM

Excuse the Interruption

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All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Rivkin Radler LLP

Insurance Update - March 16, 2023

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We bring you our March Insurance Update. As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month. In a dispute over the priority of coverage, the...more

Lowenstein Sandler LLP

The Ultimate Finger-Pointing Game: Other Insurance Provisions and How They Intersect With Self-Insured Programs

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Insurers like to make their coverage obligations someone else’s problem. One of the ways they do this is by saying that another insurer has to go first. In other words, insurers will sometimes take the position that another...more

Rivkin Radler LLP

The Title Reporter — Summer 2022

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a...more

Butler Weihmuller Katz Craig LLP

Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured retentions.  In City of Asbury Park v. Star Insurance Company, a case of first impression in New Jersey,...more

Orrick, Herrington & Sutcliffe LLP

New Jersey Supreme Court Rules on Insurable Interest and Return of Premiums

On June 4, 2019, in a case captioned Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A., the Supreme Court of New Jersey answered two questions certified to it by the United States Court of Appeals for the Third...more

Zelle  LLP

The Perilous 'Superperil' Ruling In NJ Storm Surge Case

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The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that included a...more

Carlton Fields

Change is in the Air: New Jersey Justices Hold Their Noses While Siding with Insurer in UM Disputes

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On February 18, 2015, the Supreme Court of New Jersey issued separate opinions in two first-party, uninsured motorist cases against the same auto insurer. Plaintiffs in both cases alleged that the insurer had acted in bad...more

K&L Gates LLP

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

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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

Saul Ewing Arnstein & Lehr LLP

When "Fairly Debatable" Is Good Enough: New Jersey Supreme Court Affirms "Fairly Debatable" Standard for Insurance Bad Faith...

Two decisions from the New Jersey Supreme Court have affirmed that there can be no liability for bad faith in cases where an insurer’s actions in denying a claim are deemed "fairly debatable." While these decisions show a...more

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