Court Upholds Post-Loss Assignment of Claims under Decades-Old Insurance Policies

A third-party liability policy provides coverage for an insured’s liability to third parties for personal injury or property damage caused by the insured’s actions.  Most liability policies are occurrence based.  In order for a loss to be covered under an occurrence-based policy, the acts giving rise to liability must “occur” during the policy period.  It… Continue reading Court Upholds Post-Loss Assignment of Claims under Decades-Old Insurance Policies

Court Holds Insured’s Misrepresentation Does Not Void Coverage for Innocent Third Parties

Under New Jersey law, an insurer may rescind an insurance policy if the insured makes a material misrepresentation in connection with obtaining the policy.  An insured’s misrepresentation is material if when made a reasonable insurer would have considered the misrepresented fact relevant to its concerns and important in determining its course of action.  When a… Continue reading Court Holds Insured’s Misrepresentation Does Not Void Coverage for Innocent Third Parties