New Jersey

NJ Federal Court Rejects E&O Insured’s Claim for Spoofing Loss

In Authentic Title Services, Inc. v. Greenwich Insurance Company, et. al, the District Court of New Jersey held that coverage was barred under an E&O Policy for a loss resulting from a spoofing scam based on an exclusion for claims resulting from “misappropriation” of funds. The insured, Authentic Title Services, obtained a Title Professional Liability Errors and Omissions policy from...Read More

NJ Court Holds Statutory Insurance Minimums Supersede Stated Policy Coverage Limits

The matter of Rafanello v. Taylor-Esquivel arose out of a multi-vehicle accident involving a commercial dump truck operated by Jorge Taylor-Esquivel and under the control of his employer, NAB Trucking (the truck was leased). Esquivel, however, was not listed in the Covered Driver’s section of NAB’s liability policy. The trial court determined that NAB’s exposure was capped at $35,000 which, in...Read More

Stolen Car or Implied Consent? Look Beyond the Driver’s Seat (NJ)

During a night of imbibing, Galvan-Martinez asked his good friend Munoz for a ride to work the following morning. Munoz responded non-committedly, stating that he would “if he had time.” A few drinks later, Munoz walked home, leaving his keys behind. The next morning Munoz received a phone call from his friend advising that he had driven Munoz’s vehicle to work and been involved in an...Read More

District of New Jersey Grants Insurer’s Motion to Dismiss, Finding Virus Exclusion Precluded Coverage

In N&S Restaurant LLC v. Cumberland Mutual Fire Insurance Company, the District of New Jersey ruled upon whether coverage under a businessowners policy for Covid-19 closures was precluded by the policy’s virus exclusion. By way of background, Plaintiff N&S Restaurant had a businessowners policy (“Policy”) with Defendant Cumberland Mutual. Due to the Covid-19 pandemic, an Executive...Read More

New Jersey Court Analyzes Coverage Dispute Regarding Underinsured Motorist Insurance (NJ)

On October 20, 2020, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s granting of summary judgment in favor of Penn National Insurance in Singh v. Chestnut. The court reaffirmed the trial court’s decision that the plain language of Penn National’s Insurance Contract did not offer coverage to Singh. On October 26, 2016, Satnam Singh was injured while working as an...Read More

NJ Appellate Division Upholds Summary Judgment for Property Owner (NJ)

The case of Rienzi v. Giacoman arose out of a trip and fall in front of Mr. Giacoman’s three-family building. Giacoman lived on the first floor of the building with his brothers and leased the other two apartments to tenants. He paid a monthly mortgage in addition to utilities and testified that the rent he collected barely covered his monthly expenses. The trial court granted Giacoman’s...Read More

New Jersey Expands Standing for Unit Owner Claims in Condominium Association Litigation (NJ)

The New Jersey Appellate Court, in a published decision on October 2, 2020, expanded the scope of claims an Association may bring with respect to construction defect and consequential damage claims. In that case, the Association sued on behalf of the unit owners, asserting claims of defective workmanship in the construction of the common elements that caused consequential damages. Among the...Read More

Intentional Wrong Exception to the Workers’ Compensation Bar Not Available to Third-Party Tortfeasors (NJ)

The Appellate Division of the Superior Court of New Jersey recently held that the “intentional wrong” exception to the workers’ compensation bar was not available to a third-party tortfeasor and remained limited only to the injured employee as an election of remedies. Although an unpublished opinion, the court’s decision is important because it further limits the claims that can be brought...Read More

Principal Not Liable for Wrongful Conduct of an Independent Contractor (NJ)

In Krough v. Calpine, the United Stated District Court for the District of New Jersey analyzed whether a principal/contractee is responsible for the wrongful conduct of an independent contractor. While granting summary judgment against the Plaintiff, the Court reiterated the 3 requirements available to find a Principal liable. Calpine Corporation (“Calpine”) owned a powerplant in New Jersey...Read More

NJ Lowers the Bar on Liability for Underage Social Hosts

The New Jersey Supreme Court unanimously expands the scope of social host liability to social hosts over the age of 18 (but under the age of 21) who may now be civilly liable to a drunk driving victim. In Estate of Narleski v.Gomes, Narleski, a nineteen year old man died at the scene of a car crash after the vehicle driven by his inebriated friend crashed into the center median and flipped...Read More