The U.S. District Court, District of New Jersey held in the case of Harford Mutual Insurance Co. v. Z&D Realty LLC that insurance companies do not have an obligation to investigate whether insurance applicants were truthful on the applications and that...
N.J.: Court ruling may affect duty-to-notify regarding workers’ compensation for LLCs
The Supreme Court of New Jersey issued an opinion last month that directly impacts the way insurance producers must handle workers’ compensation for limited liability companies. The court held in the case of Holm v. Purdy that insurance producers have an ongoing duty...
Claim scenario: Websites and ADA compliance
Our agency writes a fair number of insurance policies for marinas and boat dealers. Generally, there are some specialty coverages associated with the class of business (e.g., protection and indemnity, “bumbershoot,” marine operators legal liability, and dock...
N.Y.: ‘Best interest’ amendments declared constitutional—end of the road for lawsuit
The New York State Court of Appeals ruled last week that amendments to Regulation 187, which created a suitability and best interest standard for the sale of life insurance and annuity products, were constitutional. This decision ends a legal battle that started in...
Insuring Hogwarts: A guide for Muggle schools
A recurring theme throughout the seven Harry Potter books and eight movies is that Hogwarts, the school for young wizards in the United Kingdom, is a very dangerous place. From the straightforward dangers that come with potions and Quidditch to the more frightening...
N.J. court rules Uber Eats insurer does not have to offer UM/UIM coverage
In the case of Malzberg v. Josey et al., the Superior Court of New Jersey ruled that Uber Eats, the food delivery company, was not obligated by law to provide uninsured/underinsured coverage to drivers using its app. What happened? Scott Malzberg delivered food...
Vermont Supreme Court allows novel ‘physical damage’ COVID-19 theory to proceed
Recently, the Vermont Supreme Court ruled in the case of Huntington Ingalls Industries v. Ace American Insurance Co., that a policyholder could proceed with a business interruption claim that alleges that the COVID-19 virus caused physical damage to property when it...
The sound of settling
Comedian John Oliver aired a segment on his show Last Week Tonight in 2017, about a coal billionaire named Bob Murray.[1] The story portrayed Murray negatively—due to his handling of the 2007 Crandall Canyon Mine Collapse—and included language that is not appropriate...
N.J.: No-fault law does not bar bad-faith claim
Recently, the Superior Court of New Jersey, Appellate Division held in the case of Vera v. State Farm Indem. Co. that New Jersey’s no-fault law does not bar policyholders from pursuing a claim of bad faith against their insurer. How did we get here? The plaintiff and...
N.J. court: Intra-family step-down exclusion in a PAP was unenforceable
The Superior Court of New Jersey, Appellate Division recently ruled in the case of Dela Vega v. Travelers Insurance Co.[1] and St. Paul Protective Insurance Company that an intra-family step-down exclusion in a personal automobile policy was unenforceable. How...