That can throw the whole insurance company equation out of whack. Sadly, bad faith law has largely been gutted in New Jersey, with Courts holding that unless the policyholder can succeed on summary judgment against the insurance company with respect to the coverage claim, bad faith doesn’t exist. Since defeating summary judgment only requires a single issue of fact, the bad faith standard is difficult to meet. Notify every carrier that potentially could provide coverage. Second, if you have to litigate, be prepared to deal with judges who don’t fully understand insurance law.
I’ve been practicing coverage law for 35 years, and I learn something new every day. Yet we expect judges to master every area of law, from Admiralty to Zoning, which is simply unrealistic. As Emmis happily learned, if you refuse to take “no” for an answer, sometimes good things can happen. First, we knew that the insurance industry would treat these claims as a threat to their very existence . Therefore, the claims would be very difficult to settle. To be successful, policyholders and their lawyers would need to commit substantial resources to the battle, probably for a long period of time.
If the font within the document does not match up, it’s a sign of forgery. Counsel for Conte’s was Jonathan Wheeler of Wheeler, Diulio & Barnabei. Grandpa’s garbage-can-lid-pizza never made anyone ill, but there was recently a close call for a gluten-free pizza crust manufacturer here in New Jersey known as Conte’s Pasta. Conte’s sold its crusts to a frozen pizza manufacturer, Nature’s One, which in turn sold pizza to Trader Joe’s, a major high-end supermarket. The jury came back with a verdict of nearly $40 million.
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Please select a city to find local New Jersey Insurance lawyers. The landscaping company was insured by ACE (with a primary limit of $2 million), with excess coverage by AGLIC ($10 million excess of $2 million). So, if there is more than one reasonable construction of a word or a phrase in a policy, the policyholder wins. Coverage provisions are supposed to be given the broadest reasonable construction in favor of the policyholder.
About a month after the coverage was placed, Sandy hit, with devastating results. Conte’s conceded that the sistership exclusion left the contamination claims with little spice (see what I did there?), and the Court accordingly found no coverage for that aspect of the claim. In other words, if you sell a policy covering copyright infringement in advertising activity, you may have to cover a lawsuit alleging copyright infringement in advertising activity. I hesitated to write this blog post, which is intended to be nonpolitical. We’re currently in the middle of an exceedingly nasty election season, and any topic that even remotely touches on politics is likely to lead to online mayhem.
Licensed to practice law in New Jersey and Pennsylvania. Shortly after launching his legal career, Mr. Console decided to start his own firm, and the Law Office of Richard P. Console, Jr., P.C. Jim is a compassionate attorney, patient listener and tenacious advocate, who utilizes his knowledge and smart applications of the law to obtain great outcomes in his cases. I have an undergraduate degree from Rutgers University and a law degree from Hofstra University School of Law and am admitted to practice in both New York and New Jersey. However, I limit my practice to NJ and I am certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney.