In a commercial lease agreement it is very common for the landlord and the tenant to agree to defend and indemnify each other in connection with certain claims. Generally, the tenant will agree to defend and indemnify the landlord in connection with claims arising out of the use of the leased premises and the landlord… Continue reading The Landlord-Tenant Relationship and the Duty to Defend and Indemnify
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 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
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
The focus of this blog is recent court decisions pertaining to insurance law. In addition to New Jersey decisions, decisions from other jurisdictions may be discussed from time to time.