News & Analysis as of

New Jersey Insurance Industry

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

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For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Bressler, Amery & Ross, P.C.

New Jersey Extends the Enrollment Period for "Get Covered NJ" to October 31, 2024

With issuance of Bulletin No. 24-12, the New Jersey Department of Banking & Insurance has extended the time for enrollment in the state insurance exchange, “Get Covered New Jersey” through October 31, 2024. This extension...more

Rivkin Radler LLP

July 2024 New York Insurance Coverage Law Update

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Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more

Marshall Dennehey

Lack of Insurance Coverage Does Not Defeat Workers’ Compensation Bar for New Jersey Workers’ Compensation Intentional Injury Claim

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Key Points: The New Jersey Workers’ Compensation Act requires all employers to obtain workers’ compensation insurance coverage or be subject to both criminal and civil penalties....more

McCarter & English, LLP

What Does the GEICO Decision Mean for New Jersey Providers?

The Third Circuit Court of Appeals held in a recent precedential case that the court must compel arbitration between Government Employees Insurance Company (Geico) and several medical practices, which Geico had sued for fraud...more

Lowenstein Sandler LLP

Do the Sublimits in Your Insurance Policies Expand or Reduce Coverage?

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Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to...more

King & Spalding

New Jersey Enacts Privacy Law

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On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

Marshall Dennehey

Insurers’ Rights to Records from the New Jersey Office of the Insurance Fraud Prosecutor Affirmed

Marshall Dennehey on

Gov’t Emps. Ins. Co. v. Koppel, No. 2:21-cv-03413-MEF-JRA, 2023 U.S. Dist. LEXIS 151531, (D.N.J. Aug. 28, 2023) - The insurance carrier brought a civil action against various medical providers, asserting an illegal kickback...more

Weber Gallagher Simpson Stapleton Fires &...

The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability

Join this podcast episode to delve into the cross between New Jersey workers' compensation and employment practice liability coverage. Partners Vanessa Mendelewski and Denise DePekary look at the exceptions to the exclusive...more

Bressler, Amery & Ross, P.C.

New Jersey Legislature Proposes Amendments to the Insurer's Holding Company Systems Act to Address Group Capital Calculations and...

Two bills were introduced in the New Jersey legislature which address the Group Capital Calculation and the Liquidity Stress Test Framework for insurance holding company systems. These bills revise current New Jersey law on...more

Bressler, Amery & Ross, P.C.

Storm Triggers Regulatory Precautions in NJ

As a result of the recent Tropical Storm Ida which has impacted many New Jersey residents, Governor Murphy has issued Executive Order No. 259, declaring a state of emergency. Consistent with the Executive Order, the...more

Flaster Greenberg PC

COVID Coverage Suits In NJ Prove Tough For Policyholders

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Shareholder Matthew A. Goldstein was quoted extensively in a Law360 article covering COVID coverage cases in New Jersey. New Jersey federal and state courts have proven to be troublesome for policyholders in coverage...more

Flaster Greenberg PC

NJ Policyholders Could Still See Recovery For COVID Losses

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To date, New Jersey courts, both state and federal, handling COVID-19 business interruption insurance cases have ruled on at least 32 dispositive motions. Thirty of those motions were resolved favorably to insurers. Yet,...more

Saul Ewing LLP

Authorized Property and Business Interruption Insurers of Commercial Property in New Jersey to Include Statements That Policy May...

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​On May 12, 2021, the Governor of New Jersey signed into law a bill that will require authorized insurers that provide property and business interruption insurance for commercial property in New Jersey to provide a summary to...more

White and Williams LLP

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party claimant within the primary insurer’s limits. However, determining whether that duty of good faith was...more

Bressler, Amery & Ross, P.C.

New Jersey's State Senate Passes a Bill to Curb Unfair Automobile Insurance Rates

The New Jersey Senate passed Senate Bill S111, sponsored by Senators Nia Gill, M. Teresa Ruiz, Nilsa Cruz-Perez and Nellie Pou, which would prohibit the use of education, occupation, or credit score in certain automobile...more

Lowenstein Sandler LLP

An Important Early COVID-19 Business Interruption Coverage Win For Policyholders In New Jersey

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New Jersey courts have long blazed the trail to shape the landscape nationally on important insurance coverage issues. Many years ago, our Supreme Court found that insurers actually have to deliver on the coverage that they...more

McCarter & English, LLP

New Jersey Court Refuses To Dismiss Policyholders’ COVID-Related Business Interruption Claims, Dealing A Blow To Insurer’s...

A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the...more

Cole Schotz

New Jersey Requires Insurance Companies To Refund Premiums In Wake Of Coronavirus

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On May 12, 2020, the New Jersey Department of Banking and Insurance (“DOBI”) issued Bulletin No.20-22, which requires certain insurance carriers to assess whether the Statewide lockdown due to Coronavirus warrants reduced...more

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