Insured Cannot Prove Indemnification Claim, Panel Concludes

Insured Cannot Prove Indemnification Claim, Panel Concludes

TRENTON, N.J. - Regarding an indemnification claim, an insured cannot establish a prima facie case of covered loss simply by demonstrating that class action claimants alleged potential third-party property damage; rather, it must show that the underlying settlement actually included payment for such claimed damages, a New Jersey appeals panel ruled March 13 (Building Materials Corporation of America d/b/a GAF Materials Corp. v. Allstate Insurance Co., et al., No. A-4444-09T3, N.J. Super, App. Div.; 2012 N.J. Super. LEXIS 35).

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