Vespole on New Jersey Supreme Court Finding No Duty to Defend Even Though Negligence Was Alleged

By Mark R. Vespole, Partner, Tressler LLP Going back more than one-half century, it has been the law in New Jersey that the duty to defend is broader than the duty to pay. See Burd v. Sussex Mutual Ins. Co., 56 N.J. 383 (1970) ; Ohio Cas. Ins. Co. v. Flanagin, 44 N.J. 504 (1965) ; Danek v. Hommer...