Little Falls, NJ, August 13, 2024 – Scarinci Hollenbeck achieved a significant legal victory on behalf of the Municipality of Princeton, thanks to the efforts of attorneys John M. Scagnelli, William A. Baker, and Daniel T. McKillop.
Background of the case
The case, titled Municipality of Princeton v. ACE American Insurance Company, d/b/a Chubb North American, Civil Action No. 23-civ-22756 (MAS), was heard in the U.S. District Court, District of New Jersey. The case involved a dispute over Princeton’s claim under its Premises Pollution Liability Policy for $1 million in reimbursement for the costs and expenses of remediating its 298 River Road municipal site. District Judge Michael Shipp denied ACE American’s motion to dismiss Princeton’s Complaint, marking a crucial step forward for Princeton.
Judge Shipp upheld Princeton’s breach of contract and declaratory judgment claims, though he dismissed the bad faith and breach of covenant of good faith and fair dealing claims as duplicative. Importantly, the Judge noted that ACE American’s 18-month delay in denying coverage was prejudicial to Princeton, and the more than four-year delay in asserting the Landfill or Recycling Facilities Exclusion could stop ACE from raising that exclusion. Discovery in the case will now proceed.
About Scarinci Hollenbeck’s Environmental Law section
Scarinci Hollenbeck’s Environmental Law section is renowned for its innovative and strategic solutions to complex environmental issues. The team is comprised of seasoned attorneys who provide comprehensive services, including regulatory compliance counseling, management of environmental liabilities, and representation in civil, criminal, and administrative proceedings, aiding a diverse range of clients across various industries.
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