TRENTON, N.J. - A New Jersey appeals panel on June 6 affirmed a lower court's ruling that an insured failed to provide timely notice of an underlying breach of contract claim stemming from a failed real estate transaction and, therefore, coverage is barred (Templo Feunte De Vida Corp., et al. v. National Union Fire Insurance Company of Pittsburgh, P.A., No., A-4516-12T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1303).
TRENTON, N.J. - An insurer provided proper notice of cancellation of an automobile insurance policy, a New Jersey appeals panel ruled June 5, also affirming dismissal of a complaint against New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) (Wilkie D. Bowen v. New Jersey Property Liability Insurance Guaranty Association, et al., No. A-2517-12T2, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1294).
TRENTON, N.J. - In a per curiam opinion, a New Jersey appeals court on June 5 affirmed the dismissal of a reimbursement suit brought by dentists and a dental association against two health insurers for allegedly wrongfully recouping overpayments made, saying statutory provisions allowed the insurers to withhold payment on subsequent claims for the overpayments (New Jersey Dental Association, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. A-1834-12T3, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1291).
NEWARK, N.J. - A New Jersey federal judge on May 29 conditionally certified a collective action filed by title examiners who allege that their employer improperly included additional compensation they received for certain tasks when calculating their overtime rate (Cora Bath, et al. v. Red Vision Systems, Inc., No. 13-2366, D. N.J.; 2014 U.S. Dist. LEXIS 73563).
NEWARK, N.J. - There is no question that a former priest had knowledge of a "counseling incident" at the time an insurance policy began, a New Jersey federal judge ruled May 29, concluding that the policy's "prior acts" provision fails to provide coverage for a parishioner's claims that the priest had an irreconcilable conflict of interest in providing marriage counseling because he was having an affair with the parishioner's wife (Henry Drew and Michael Doerr v. Church Mutual Insurance Co., No. 13-cv-01906 [JLL][MAH], D. N.J.; 2014 U.S. Dist. LEXIS 73562).
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on May 30 allowed a doctor to pursue the submission of false claims made by his medical practice to a diagnostic testing laboratory but dismissed claims involving allegations of false claims involving other providers to the laboratory (United States of America, ex rel. James J. Judd, M.D. v. Quest Diagnostics Inc., No. 10-4914, D. N.J.; 2014 U.S. Dist. LEXIS 73760).
TRENTON, N.J. - A plaintiff not only lost its bid for entry of a preliminary injunction on May 23 but also saw its allegations of copyright infringement dismissed by a New Jersey federal judge (Zany Toys LLC v. Pearl Enterprises LLC, No. 13-5262, D. N.J.).
NEWARK, N.J. - An environmental remediation company that performed cleanup services for an insured is not entitled to intervene in the insured's suit seeking coverage from its insurers because the company's interests are adequately represented by the insured, a New Jersey federal judge said May 22 (Castoro & Co. Inc. v. Hartford Accident & Indemnity Co. Inc. et al., No. 14-1305, D. N.J.; 2014 U.S. Dist. LEXIS 70312).
NEWARK, N.J. - Even though a company's complaint against its insurer for damages sustained during Superstorm Sandy did not specify a damages amount, a New Jersey federal judge on May 14 found that the damages could easily exceed the $75,000 threshold amount for federal jurisdiction, leading him to deny the plaintiff's motion to remand to state court (Carevel LLC v. Aspen American Insurance Co., et al., No. 2:13-cv-07581, D. N.J.; 2014 U.S. Dist. LEXIS 65928).
TRENTON, N.J. - An insurer's claim for equitable reimbursement against the New Jersey Property-Liability Insurance Guaranty Association (PLIGA) as statutory administrator of the unsatisfied claim and judgment fund (UCJF) is precluded under UCJF law and the PLIGA Act New Jersey Statutes Annotated Section (N.J.S.A.) 17:30A-1 to -20, a New Jersey appeals panel affirmed May 14 (21st Century Insurance Co. v. New Jersey Property-Liability Insurance Guaranty Association as statutory administrator of unsatisfied claim and judgment fund, No. A-1773-12T2, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1103).
TRENTON, N.J. - The relationship between an insurer and insurance agents did not constitute a franchise, a New Jersey appeals panel affirmed May 13, finding that the insurer's termination of exclusive agency agreements (EAs) did not breach the implied covenant of good faith and fair dealing (Mario Deluca, et al. v. Allstate New Jersey Insurance Co., No. A-2724-11T4, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1090).
NEWARK, N.J. - A New Jersey orthopedic surgeon on May 9 sued a health insurer and plan administrator in federal court for allegedly underpaying for out-of-network services provided to a patient (Dr. Marc S. Menkowitz v. Blue Cross Blue Shield of Illinois, et al., No. 14-2946, D. N.J.).
NEWARK, N.J. - A federal judge in New Jersey on May 9 ordered nondebtor defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit to pay past due civil penalties as required by a consent decree, ruling that changes to the conditions at the property did not warrant modifying the terms of the agreement (United States of America v. Alsol Corporation, et al., No. 09-3026, D. N.J.; 2014 U.S. Dist. LEXIS 64759).
NEWARK, N.J. - A New Jersey federal judge on May 7 rejected an insured's arguments that a coverage dispute over asbestos claims should not proceed to arbitration, noting that a settlement agreement entered into by the insured clearly includes an arbitration provision (The Flowserve Corp. f/k/a The Durametallic Corp. v. United States Fire Insurance Co., No. 14-676, D. N.J.; 2014 U.S. Dist. LEXIS 62959).
NEW YORK - The Second Circuit U.S. Court of Appeals on May 2 affirmed a federal court's finding that the attacks on the World Trade Center (WTC) on Sept. 11, 2001, constituted an act of war, allowing the defendants in a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit to raise the defense against claims seeking reimbursement for cleanup costs of toxic dust (In Re: September 11 Litigation: Cedar & Washington Associates, LLC v. The Port Authority of New York and New Jersey, et al., No. 10-4197, 2nd Cir.; 2014 U.S. App. LEXIS 8293).
NEWARK, N.J. - A New Jersey federal judge on May 2 preliminarily approved a $190 million antitrust class settlement of allegations that Pfizer Inc. and a predecessor kept generic Neurontin off the market, causing commercial direct buyers to pay more for the brand-name drug (In Re: Neurontin Antitrust Litigation, MDL Docket No. 1479, No. 02-1390, Louisiana Wholesale Drug Company, Inc., et al., Nos. 02-1830 and 02-2731, D. N.J.).
TRENTON, N.J. - In a reservation-of-rights letter, a homeowners insurer sufficiently informed its insureds that it might disclaim coverage in an underlying civil case, a New Jersey appeals panel found May 2, affirming a lower court's finding that the insurer did not owe coverage and did not act in bad faith with its coverage decision (Lonnie Petersen, et al. v. New Jersey Manufacturers Insurance Co., No. A-0459-12T4, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 995).
NEWARK, N.J. - A woman's action alleging asbestos exposure from Union Carbide Corp. floor tiles came more than four years after her husband's death, long past the two-year limit for such actions, a New Jersey federal judge held April 30 (Rosilynd Hillary Gensler v. Union Carbide Corp., No. 13-5244, D. N.J.; 2014 U.S. Dist. LEXIS 59688).