Laura M. Gregory, Esq., CPCU

Last week's article in Advisen speaks about a recent decision by the NJ Supreme Court making property owners responsible for maintaining public sidewalks abutting their properties. The liability implications of this are clear – make sure your policy provides coverage! This is, especially, important when the liability coverage has a Limitation of Coverage to Designated Premises endorsement (ISO endorsement is CG 21 44). To read the full article, click on the link below and speak to your insurance broker to be sure the coverage you have applies. https://lnkd.in/gGvEiW6u

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In our latest #FMG blog, Megan Gallagher covers a New Jersey appellate court decision on NJ residents' ability to sue municipalities for issuing contaminated public water. The ruling examines the relationship between government services and implied contracts, raising important questions about liability under the New Jersey Torts Claims Act. Click the link below to learn more. https://lnkd.in/epi5-qnz #FMGLaw #TortandCatastrophicLoss #NewJerseyLaw #NJ #TCA

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GMR Senior Counsel Cory Bonk obtained a favorable jury verdict after a three-day trial in New Jersey. The plaintiff sued Bonk’s clients for multiple intentional torts, including malicious prosecution, false light/invasion of privacy, and emotional distress stemming from a dispute between neighbors. The plaintiff also sought punitive damages. Bonk successfully obtained summary judgment dismissals of the false light and emotional distress claims but proceeded to trial on the malicious prosecution claim. Prior to trial, the plaintiff’s demand was more than $150,000. The jury returned a verdict for only $8,000, which essentially amounted to the plaintiff’s claimed out-of-pocket expenses and was significantly lower than the pre-trial settlement offer. Plaintiff then insisted on proceeding to the punitive damage aspect of the trial, and the Middlesex County jury unanimously agreed to a “no cause” in favor of the defense. Check out more of our results here - https://bit.ly/40HfIU9

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DID YOU KNOW: The insurance industry generally has chosen not to include recoupment provisions in general liability policies providing a duty to defend? In their recent New York Law Journal article, "New York Courts Reject Insurance Companies’ Attempts to Recoup Defense Costs", William Passannante and Raymond A. Mascia Jr. remind policyholders, "Insurance companies should not be permitted to recoup defense cost paid pursuant to their duty to defend." Furthermore, the pair highlight a trend of New York cases that "recognize that the duty to defend is a promise to provide litigation insurance and that allowing recoupment of defense costs would violate this promise and basic principles of contract law. Policyholders should resist improper attempts to recoup defense costs." Click the link below to read their full article.  #insurancelaw #dutytodefend #generalliability #contractlaw #recoupmentcosts #policyholderpowerhouse

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“NYS Appellate Court: Insured’s Investigative Statements to Liability Insurer Are Protected From Disclosure”—Learn more in this alert from our Insurance Coverage & Regulation and Torts & Products Liability Defense Practice Areas, authored by Earl R. S., associate. Click here to read the alert: https://lnkd.in/gUZrq8SB #Alert #NYS #AppellateCourt #Lawsuits #LiabilityInsurance #FourthDepartment #Investigation #InvestigativeStatements #Discovery #InsuranceCarrier #UndueHardship #Accident #Claim

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Two recent cases from the Delaware Supreme Court and Second Circuit Court of Appeals reach opposite conclusions when assessing whether pre-suit demand letters constitute claims under claims-made and claims-made-and-reported policies. Read our latest case alert by Michael A. Amato and Jeffrey J. Vita, as these cases serve as an important reminder for policyholders to be vigilant in notifying their insurers of any pre-suit claim, as the failure to do so may preclude coverage. #SDVLaw #CaseAlert #Claims #ClaimsMade #Policies #PreSuit #Insurance #Policyholders

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