
John M. Scagnelli
Partner
201-896-4100 jscagnelli@sh-law.comFirm News
Author: John M. Scagnelli
Date: December 1, 2014

Partner
201-896-4100 jscagnelli@sh-law.com
Seeking to dismiss a legal malpractice lawsuit, defendant John Ward argued that he is shielded from liability as a partner in Ward and Olivio, LLP and is therefore not vicariously liable for the alleged legal malpractice of his former partner, defendant John Olivo. Pursuant to N.J.S.A. 42:1A-18c, a partner in an LLP is generally not personally liable for the acts of another partner. However, the plaintiff argued that the firm’s insurance lapsed while the partners were winding down the firm, causing it to revert to a general New Jersey partnership.
Thus, the primary issue in Mortgage Grader v. Ward & Olivo was whether an attorney loses his liability protection as a partner in a limited liability partnership (LLP) if the LLP failed to purchase a tail insurance policy, which provides insurance coverage for malpractice that occurs during the claims-made policy coverage period but is reported after the claims-made policy has lapsed. The trial court previously held that violating the insurance rules relegated the LLP to a general partnership and thereby exposed the partners to vicarious liability for each other’s malpractice.
The Appellate Division reversed. “We disagree with the motion judge that such a sanction is authorized and hold that when attorneys practice law as an LLP, and the LLP fails to obtain and maintain professional liability insurance as required … the LLP does not revert to a general partnership,” the appeals court held.
Instead, the Appellate Division stated that failing to carry the proper insurance is grounds for the Supreme Court to terminate or suspend the firm’s right to practice law or otherwise discipline it.
“Our Supreme Court has chosen to discipline attorneys without malpractice insurance that are organized as professional corporations, rather than dissolve their corporate structure,” the opinion explains. In reaching their decision, the justices cited cases in which lawyers were censured or disbarred for violating the state’s insurance requirements.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Angela A. Turiano and Ryan O. Miller of Scarinci Hollenbeck’s NYC Office Earn Prestigious Honor Legal rankings publisher Super Lawyers has named two lawyers from Scarinci Hollenbeck’s New York office to its 2025 New York Metro Super Lawyers list. The firm congratulates Angela A. Turiano and Ryan O. Miller for this notable accomplishment. No more […]
Author: Scarinci Hollenbeck, LLC

Donald M. Pepe and Patrick T. Conlon Secure Appellate Ruling Dismissing Challenge to Jersey City Improvement Project Little Falls, NJ – October 22, 2025 – Scarinci Hollenbeck, LLC has secured a significant appellate win on behalf of the Exchange Place Alliance District Management Corporation. The Appellate Division of the New Jersey Supreme Court affirmed the […]
Author: Scarinci Hollenbeck, LLC

Veteran New Jersey Real Estate Attorney Joe DeMarco and Two Associates Join Scarinci Hollenbeck Little Falls, NJ — September 25, 2025 — In a move that bolsters the capabilities of its leading Real Estate, Land Use, and Public Practices, Scarinci Hollenbeck, LLC has added Joseph DeMarco as Partner. DeMarco is a veteran attorney and municipal […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Congratulates Partners Don Pepe and Donald Scarinci for Inclusion in NJBIZ’s 2025 Power 50 in Law List Little Falls, NJ — September 23, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, and Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, were both […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!