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Tag: New Jersey


New Jersey Jumps On Board: EPA PRP Letters are a “Suit” Under a CGL PolicySep 01, 2016

Good news for policyholders in New Jersey. A New Jersey Superior Court judge has joined the majority of states in finding that Environmental Protection Agency “potentially responsible party” letters constitute a suit under a commercial general liability policy. This is a big win for policyholders, because it entitles them to a defense from their insurer beginning with the issuance of a PRP letter in the often enormously expensive to defend…

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Goodbye Weedo, Hello CypressAug 11, 2016

As noted in our previous blog post, the NJ Supreme Court issued a pivotal ruling in the case of Cypress v. Adria. The court found that consequential damage at a construction project due to faulty workmanship is considered accidental and therefore an “occurrence” under a CGL policy. Click here to see our new Case Alert for further insight on this important decision.  

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NJ Justices Rescue Builders From Limbo In Faulty Work CaseAug 05, 2016

As we announced in our previous blog post, yesterday’s decision by the NJ Supreme Court was a significant win for policyholders. LAW360.com reported this morning on the case, and spoke to SDV partner Greg Podolak about the decision… Saxe Doernberger & Vita PC partner Greg Podolak, who represented Turner Construction Co. as an amicus in the case, pointed out that the New Jersey Supreme Court looked to the intent behind…

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Breaking News: NJ Supreme Court Rules that CGL Insurance Covers Property Damage Caused by Faulty WorkmanshipAug 04, 2016

Policyholder Victory! NJ Aligns with a Majority of the Country In a unanimous decision issued earlier this morning, the New Jersey Supreme Court held that consequential damages caused by a subcontractor’s faulty workmanship constitute “property damage” caused by an “occurrence” under the plain language of the CGL Policy. In making its decision in Cypress Point Condominium Association Inc. v. Adria Towers LLC, the court reviewed the history and development of…

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New Jersey Adopts a “No Prejudice” Rule for Sophisticated Insureds Under “Claims Made” PoliciesMar 21, 2016

If you are a sophisticated business with a claims-made policy, there is a case you should be aware of. Last month, New Jersey adopted a new rule regarding late notice by an insured. In summary, the “no prejudice” rule states that the insurance company does not have to show that it has been prejudiced by the insured’s late notice before it can deny coverage. For full details, please read the…

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New Jersey Supreme Court to Decide Whether Defective Construction Constitutes an “Occurrence”Nov 06, 2015

The New Jersey Supreme Court will enter the fray to decide whether consequential damages caused by the faulty work of a subcontractor constitute “property damage” and an “occurrence” under a general contractor’s CGL Policy. Should the Court affirm the Appellate Court’s decision, which held that consequential damages constitute “property damage” caused by an “occurrence,” it will be taking the first step in correcting a series of anti-policyholder decisions on the…

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A Busy Week for Defective Construction as an “Occurrence” – New Jersey and Oklahoma Courts Weigh InJul 13, 2015

On July 9, 2015, a New Jersey state appellate court and an Oklahoma federal district court each held that claims for defective construction constituted “property damage” caused by an “occurrence” under the corresponding CGL policies, despite previous decisions concluding otherwise. In these recent decisions, the reviewing courts found the determining factor for the “occurrence” inquiry to be whether the insured expected the resulting damage.  Since neither could credibly prove that…

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