If you have not been to the Jersey Shore in the summer, you have missed out. My mother grew up in Philadelphia and always talked about going to the New Jersey beaches in the summertime. Following Superstorm Sandy in 2012, I lived and worked in New Jersey and greater New York City.
Continue Reading Catching Up On Summer 2022 Along The Jersey Shore, Ohio Limitations on Punitive Damages In Bad Faith Cases and Colorado Appraisals
Occasionally, an attorney representing an insured will run into a Motion to Compel Appraisal filed by the carrier’s attorney. Upon receipt of the motion, a few considerations must be made with the most important being:
New Jersey does not have a fee-shifting statute. Coupled with the high-standard a policyholder’s property damage litigator must prove for bad faith, there is not much in the form of a deterrent to halt insurance companies continuing delay, deny, defend tactics once the claim is in litigation. Over the past few years, I have seen this also result in certain carriers seemingly making it a trend to file counterclaims against insureds.
Continue Reading Stand up to Frivolous Counterclaims
In a recent Opinion,1 the New Jersey Appellate Division affirmed a large grocery store cooperative’s $12 million trial award against its insurance broker for coverage advice that allegedly left its stores exposed to millions of dollars in Superstorm Sandy damage.
Continue Reading Grocery Chain Left Without a Reason to Cry Over Spoiled Milk After Court Affirms Multi-Million Dollar Verdict for Loss from Insurance Broker’s Coverage Advice
NOTE: This guest blog post is by Holly Soffer, Esq., a policyholder attorney and General Counsel to the American Association of Public Insurance Adjusters.
While many of us are working at home, we have more time to spend analyzing and contemplating the roles of the government and the insurance industry in responding to the coronavirus crisis. This blog post is an extension of that opportunity.
Continue Reading COVID-19 and The New Jersey Assembly Bill 3844
Back in November of 2019, Chip, Jesse Sipe, Brett Rosen and I met with New Jersey Commissioner Marlene Caride and her team in Trenton. The meeting was very informative and a good start to hopefully a long-standing relationship between the Professional Public Adjusters Association of New Jersey, the plaintiff’s Bar, and the Commissioner’s office.
Continue Reading New Jersey Insurer’s Propaganda Machine Alive and Well
Last year, I wrote about a New Jersey federal court decision that involved an insurance policy’s anti-concurrent causation clause. An anti-concurrent causation clause bars coverage when two identifiable causes-one covered and one not covered-contribute to a single loss. In that case, the court dismissed the insured’s claim for damages to certain portions of the property, noting that federal and state courts in New Jersey have applied and enforced anti-concurrent causation provisions.
Continue Reading New Jersey Introduces Legislation That Prohibits Anti-Concurrent Causation Clauses In Homeowners Insurance Policies
What exactly is a Named Windstorm? Many policyholders ask this very question following hurricanes, tropical storms, tornados, and other storms with high winds. A New Jersey Appellate panel recently questioned parties about the purpose of a “named windstorm” definition in insurance policies. This is just the most recent update to the continued saga of New Jersey Transit’s attempt to receive $400 million in insurance coverage under their policies with Lloyd’s of London and other insurance companies stemming from a Superstorm Sandy loss.
Continue Reading What Exactly is a “Named Windstorm?” More Views As Appellate Case Progresses
New Jersey Merlin Law Group attorney Jason Cieri was married last week. It was a fantastic wedding. It also provided me a chance to catch-up with some Jersey Shore public adjusters, discuss the upcoming PPAANJ seminar on November 14 and write this blog which includes a case discussion involving post loss misrepresentations made prior to an examination under oath.
Continue Reading Misrepresentations Made After Loss But Before An Examination Under Oath
Larry Bathgate was my co-counsel on 23 municipal insurance claims Following Superstorm Sandy and countless commercial and residential claims as well. We spoke on Friday evening and Saturday morning about our former clients, the rebuilding of the Jersey Shore and our law practices. From my view, there has been an amazing transformation and it was gratifying to see the American patriotism in Bay Head, New Jersey, with hundreds of American flags everywhere.
