Subrogation and the Entire Controversy Doctrine

Under New Jersey law, a party is barred from commencing multiple litigations arising out of a single event or transaction.  This is because of something known as the entire controversy doctrine, which “requires joinder in one action of all legal and equitable claims related to a single underlying transaction.” Manhattan Woods Golf Club, Inc. v.… Continue reading Subrogation and the Entire Controversy Doctrine

Superstorm Sandy Leaves Some Insureds High and Dry

Superstorm Sandy caused large-scale power outages in New Jersey and elsewhere.  Due to a lack of power, many businesses were forced to close temporarily even though they did not sustain any direct physical damage.  The closure of these businesses often resulted in a loss of income.  Some businesses had purchased coverage for losses resulting from… Continue reading Superstorm Sandy Leaves Some Insureds High and Dry

The Common Interest Rule – O’Boyle v. Borough of Longport

Most large, commercial insureds obtain coverage from a “market” of insurers because the amount of coverage being sought is too much for a single insurer to provide.  The coverage is often broken down into several “layers” of coverage.  Typically, there will be a “primary” layer, above which several excess layers may exist.  Each insurer agrees… Continue reading The Common Interest Rule – O’Boyle v. Borough of Longport