Tag: insurance
Defending Property Damage Claims Under the Continuous or Repeated Leakage Exclusion
Many homeowners’ insurance policies contain an exclusion for “continuous or repeated leakage or seepage of water.” Some policies specify that “continuous or repeated leakage” is excluded where it occurs over a certain period of time (14 or more days, for example). Other policies make no reference to a required timeframe or simply state that the […]
The Enforcement and Application of Shortened Limitations Period Clauses in Insurance Policies
In the State of New Jersey, breach of contract claims are subject to a 6-year statute of limitations. However, this often changes in the context of homeowners’ insurance policies. Often, those policies contain provisions which provide that any suit against the insurer must be initiated within one year of the date of loss. Other policies […]
Appellate Division Reverses Summary Judgment Granted to Defendant as to Property Damage Claim
Plaintiff Zulfigar Ahmed suffered a property damage loss at his owner-occupied two-story residential apartment house in Paterson due to a high wind rainstorm. At that time, a tree limb and branches fell onto plaintiff’s home, damaging its roof, vinyl siding, concrete masonry wall, a window and other property. The issue in Ahmed v. American Security […]
Court Finds That Lawsuit Filed Against Insurance Company Was Timely Filed
Plaintiffs Marlene Romhen and Ibrahim Mirkhan filed a lawsuit against the defendant insurance company Franklin Mutual Insurance Inc. based upon a theft loss that occurred at their insured residence. The claim was denied by Franklin Mutual by letter dated September 17, 2021. According to the denial letter, the insured needed to file suit against them […]
Warrant to Satisfy Judgment Bars Claim to Challenge Ruling Denying Claim for Future Medical Expenses
Plaintiff Linda Brehme appealed a trial court in limine ruling barring her claim for future medical expenses. She had sued defendants Thomas Irwin and New Jersey Manufacturers Insurance Company for personal injuries resulting from an automobile accident. The issue in Brehme v. Irwin, 2023 N.J. Super. Unpub. LEXIS 2401 (App. Div. Dec. 27, 2023) was […]
Homeowner Did Not Have Insurance Coverage for Accident of Person Who Lived With Insured
Plaintiff Mary Ann Iaeck lived with Patricia Barnaba in a condominium owned by Defendant Barnaba. Plaintiff fell down a flight of stairs in the condominium and sued Barnaba, claiming that Barnaba’s negligence caused her fall. Barnaba had a homeowner’s insurance policy with personal liability coverage with Federal Insurance Company (“Federal”). The issue in Iaeck v. […]
Joint Insurance Fund’s Self-Insurance Found Not To Trigger Other Insurance Clause
The issue in the Supreme Court case, Statewide Insurance Fund v. Star Insurance Co., 2023 N.J. LEXIS 205 (2023), was whether the Statewide Insurance Fund (the “Fund”) or Star Insurance Company (“Star”), a commercial general liability insurance company, had the primary responsibility to pay the settlement of a negligence claim brought against Long Branch. This […]
New Jersey Enacts New Automobile Insurance Law Raising Minimum Amounts of Liability Insurance Required
Just signed into law on August 5, 2022, by Governor Murphy, is a new law raising the minimum policy amounts of automobile insurance that must be provided for automobiles registered or principally garaged in the State of New Jersey. Previously, the minimum automobile insurance policy limit for a policy of insurance (except for a basic […]
New Jersey Appellate Division Rules that Injured Plaintiff May Sue His Insurance Carrier for Bad Faith Damages Due to Delay in Approving Medical Test and Surgery
Plaintiff Miguel Vera injured his right shoulder in a September 10, 2016 automobile accident. Thereafter, he submitted a personal injury protection (“PIP”) claim to his automobile insurance company, State Farm Indemnity Company (“State Farm”), to pay for his medical expenses incurred by his injuries suffered from his accident. In Vera v. State Farm Indem. Co., […]
Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional
This matter arises from the physical assault of a guest, plaintiff Colin Yurcisin, who attended a party hosted by defendant Justin Magariello. While at the party, plaintiff alleges that a fellow guest, Ryan Fleming, who was intoxicated, punched him in the face multiple times causing serious injury. Plaintiff Yurcisin sued Fleming for his injuries. In […]
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