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The outcome of coverage disputes involving directors and officers (D&O) insurance can be greatly influenced by the state law applied in the case. The outcome of coverage disputes involving directors and officers (D&O) insurance can be greatly influenced by the state law applied in the case. Therefore, it is important to understand any choice of law provisions […]

The economic fallout from the most recent civil unrest is particularly significant given that it impacted businesses already reeling from COVID-19... The civil unrest that gripped the country last month will likely result in record riot losses, likely surpassing those in the wake of the 1992 acquittal of Los Angeles Police Department officers for using excessive […]

Social media allows New Jersey businesses to cost-effectively tout their products and services and build their brands.  Facebook alone has around 1.37 billion active users worldwide every single day.

NJ Supreme Court Rules Faulty Workmanship is Covered under Commercial General Liability Policies The Supreme Court of New Jersey recently held that a subcontractor’s faulty workmanship is covered under a developer’s commercial general liability policies (CGL). The decision in Cypress Point Condominium Association v. Adria Towers provides much-needed clarity regarding one of the most common types of […]

The Anatomy of a Commercial Insurance Contract Most businesses have at least one insurance policy. However, many business professionals, including some who work in risk management areas, may not fully be aware of what coverage is provided. An insurance policy is a legal contract, and failing to understand the terms of a commercial insurance contract […]

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 […]

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. […]

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 […]

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 […]

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 […]

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, […]

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 […]