Insurance

Scarinci Hollenbeck’s Insurance practice group regularly provides content on policyholders and their captive insurance companies, national and regional insurance carriers, reinsurers, brokers, and agents. Our content provides insight on the technical knowledge and first-hand experience to handle virtually every matter, ranging from the routine to the very complex.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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NJ Court: Storm Surge Claims Not Subject to Insurance Policies’ Flood Limits

A New Jersey judge recently ruled that damage caused by Hurricane Sandy’s storm surge did not fall under the flood sublimits of Public Service Enterprise Group, Inc.’s (PSEG) insurance policies. The issue in Public Service Enterprise Group v. Ace Insurance was one of first impression in New Jersey. The Facts of the Case Hurricane Sandy’s […]

Author: Charles A. Yuen

May 4, 2015

Flood Insurance Can’t Cover Hurricane Sandy Yard Debris

The Third Circuit Court of Appeals recently issued a ruling regarding reimbursement under the federal flood insurance program. In Torre v. Liberty Mutual Fire Insurance Company, the appeals court held that New Jersey homeowners were not entitled to reimbursement for the costs associated with removing non-owned debris that accumulated in their yard during Hurricane Sandy. […]

Author: Charles A. Yuen

April 30, 2015

New Jersey Considering Regulations for Ride-Sharing Providers

New Jersey may soon join the growing list of states that have crafted legislation to specifically address the business model adopted by companies like Uber and Lyft. The Assembly Transportation and Independent Authorities Committee recently advanced a bill that would impose a number of new legal requirements on ride-sharing providers, including minimum insurance requirements. So-called […]

Author: Charles A. Yuen

January 2, 2015

NJ Appeals Court Rules Insurance Violation Does Not Destroy Law Firm’s Limited Liability Protection

Failing to carry the proper legal malpractice insurance can lead to significant sanctions, but it does not destroy a law firm’s limited liability protection, according to the Appellate Division of the New Jersey Superior Court. The Facts of the Case Seeking to dismiss a legal malpractice lawsuit, defendant John Ward argued that he is shielded […]

Author: John M. Scagnelli

December 1, 2014

Does Your Company Need Key Person Insurance?

Would your business be able to survive if one of its partners or top executives died suddenly? If you are unsure, you may want to look into “key person” insurance. While the idea may seem morbid, taking out life insurance and/or disability insurance policies on key employees is more common than many might think. According […]

Author: Charles A. Yuen

November 21, 2014

Does Your Business Insurance Cover Cyberattacks?

For many U.S. businesses, data breaches are inevitable. So while prevention is still important, it also pays to be prepared for the aftermath. For those companies hoping to rely on commercial general liability (CGL) policies, it’s likely time to think again. While older policies were unclear regarding whether coverage existed for cyberattacks and data breaches, […]

Author: Charles A. Yuen

August 18, 2014

Cyberattack

ERISA Class Action Settlement Results in Business Reforms (Not Payment)

Horizon Blue Cross Blue Shield of New Jersey Inc. (Horizon) will alter its business practices and pay $2.5 million in attorney’s fees under the terms of a class action settlement approved in federal court last week. The suit alleged the insurance company under-reimbursed health plan subscribers for out-of-network services in violation of the Employee Retirement […]

Author: Gary S. Young

July 21, 2014

Do you have a “Special Relationship” With An Insurance Broker?

New York’s highest court has confirmed that insurance brokers may be held liable to their customers for failure to obtain proper insurance coverage. The case, decided by a 4-3 vote, is Voss v. Netherlands Insurance and CH Insurance Brokerage Services (2014-01259 (N.Y. Feb. 25, 2014). Case history The two lower courts granted summary judgment in […]

Author: Charles A. Yuen

May 19, 2014

Insurance

Supreme Court to Decide Hobby Lobby’s Challenge to Affordable Care Act

The United States Supreme Court will decide whether a business such as Hobby Lobby is required to provide its female employees with health insurance that includes access to birth control, even if doing so violates the religious beliefs of the company’s owners. Oral arguments in the case of Sebelius v. Hobby Lobby Stores were heard […]

Author: Sean D. Dias

April 29, 2014

Commercial Lease Insurance Language is Upheld

In many of today’s commercial leases, the parties generally gloss over the insurance clauses considering them to be simply boiler plate or standard language. Generally speaking, little thought is given to the insurance clauses until in fact something bad happens. In a properly drafted Triple Net Lease, each party provides its own insurance to protect […]

Author: Scarinci Hollenbeck, LLC

July 20, 2013

Department of Labor Provides Updated Guidance on Notice of Exchange Required by PPACA

The Patient Protection and Affordable Care Act (PPACA) imposes a number of new obligations on New York and New Jersey employers. One of the most significant notification requirements involves the health insurance marketplaces that will be established in 2014. After delaying the scheduled implementation of the Notice to Inform Employees of Coverage Options requirement, the […]

Author: Charles A. Yuen

June 17, 2013

Affordable Care Act

Court Rules Airlines Can Require Credit Cards For In-Flight Services

For frequent fliers hoping to leave their credit cards in their wallets, “cashless” cabin policies appear to be here to stay. New Jersey’s Appellate Division recently rejected a lawsuit alleging that Continental Airlines’ credit card requirement for in-flight purchases violated the New Jersey Consumer Fraud Act (CFA). The plaintiff in the case, Rosen v. Continental […]

Author: Charles A. Yuen

March 11, 2013

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