New Jersey

Introducing WCM’s 2022 First Year Associates

We are pleased to introduce WCM’s newest team of first year associates, who are starting with us this week across our New Jersey, New York and Pannsylvania offices. New Jersey Harry Harnitchek is a graduate of Rutgers Law School and was a staff editor on the Rutgers Journal of Law and Public Policy.  Harry completed undergraduate studies at the University of Pittsburgh.  Prior to joining...Read More

Minority Tolling Under N.J.S.A. 2A:14-2(a) Does Not Apply To New Jersey Wrongful Death Claims

In Monk v. Kennedy University Hospital, Inc., the New Jersey Appellate Division recently addressed whether the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical malpractice claims until the age of 13, applies to wrongful death lawsuits filed on behalf of minor decedents or their estates. In that case, the parents of a deceased minor who died six months...Read More

Covid-19 No Longer an Excuse, New Jersey Court Rules

In Hartford Underwriters Insurance Company v. Arch-Concept Construction, Inc., et al., plaintiff Hartford Underwriters Insurance Company (“Hartford”) provided workers compensation insurance to Arch-Concept Construction, Inc. (“Arch-Concept”). Hartford sued Arch-Concept over unpaid premiums. The parties settled under the terms that Arch-Concept was required to pay $275,000 over twelve quarterly...Read More

New Jersey Supreme Court Looks Outside Pleadings in NJ to Deny Duty to Defend

In Norman Int’l, Inc. v. Admiral Ins. Co., No. 086155, 2022 WL 3220868 (N.J. Aug. 10, 2022), the New Jersey Supreme Court ruled on the application of a county-specific exclusionary clause in an Admiral Insurance Company (“Admiral”) policy issued to Richfield Window Coverings, LLC (“Richfield”)—Richfield sells window coverings, blinds, etc., and also provides retailers with cutting machines to...Read More

New Jersey Supreme Court Provides Clarity On Insurance Exclusion Clauses

The New Jersey Supreme Court recently held in Norman International, Inc. v Admiral Insurance Company, that an insured cannot claim an exclusionary clause does not apply because their product was sold to the parent company in a non-excluded zone but directed for delivery to a site in an excluded area. The Court emphasized that they must analyze the precise wording of the policy and consider the...Read More

Burden On Defense In Multi-Accident Injuries To Prove Separate Causation (NJ)

In a recent case in the New Jersey Appellate Division, the court held that when there are claims stemming from multiple car accidents, the burden is on the defense to prove that the resulting injuries were not caused solely by the accident in which they are the defendant, rather they must demonstrate that there are multiple different causes for the injuries. In 2015, the Plaintiff was involved...Read More

NJ Superior Court Holds Virus Exclusion Applies And Mandated Business Closure Does Not Constitute Physical Loss

The Superior Court of New Jersey, Appellate Division recently dealt with a plaintiff’s coverage claim for business interruption cause by the COVID-19 pandemic and Governor Philip D. Murphy’s Executive Order 107(EO 107). EO 107 was a mandate which cancelled large gatherings of individuals, required the closure of “the brick-and-mortar premises of all nonessential retail business,” and mandated...Read More

New Jersey District Court Continues Trend Of Rejecting Coverage For COVID-19 Losses

The U.S. District Court for the District of New Jersey recently followed the national trend in rejecting a company’s claim that it was entitled to insurance coverage for losses related to the COVID-19 pandemic. In Tumi, Inc., et al. v. Factory Mutual Insurance Company, the plaintiff luggage retailer sought coverage for business losses caused by the closure of its retail stores as a result of...Read More

WCM Is Pleased To Introduce Our 2022 Summer Associates

New Jersey Ryan Dame is a rising 3L at Brooklyn Law School who will graduate early in December 2022 as part of the accelerated program.  Ryan is a graduate of the University of California, San Diego with a degree in political science.  Prior to joining WCM, Ryan served our country as a member of the United States Marine Corp. where Ryan was a collateral duty quality assurance representative...Read More

NJ Appellate Division Continues National Trend Rejecting 6 Plaintiffs’ Claims for Business Income Loss as a Result of COVID Mandates

The national trend rejecting pandemic business income loss claims continues. In a consolidated appeal, on June 20, 2022, the New Jersey Appellate Division decided against six companies that sought insurance coverage for business income losses sustained after New Jersey Governor Murphy’s Executive Orders required them to limit or close their businesses in the early days of the COVID pandemic....Read More