Jason Pozner

Associate

(973) 631-6065
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962

Jason Pozner is an Associate of the firm with extensive experience in a variety of insurance coverage and commercial litigation matters.

Jason litigates matters and advises clients with respect to a wide variety of claims and policies, including comprehensive general liability, professional liability, pollution liability, product recall, additional insured coverage, umbrella/excess coverage and surety bond matters, as well as surplus lines and specialty policies. Jason also represents professionals, such as architects and engineers, in professional liability claims and product manufacturers in product liability claims.

Jason routinely handles trial and appellate matters in both New Jersey and New York state and federal court. Jason regularly participates in all facets of litigation from inception through discovery, motion practice and settlement, including alternative dispute resolution. He has participated in the briefing of several appeals before the Appellate Division in both New York and New Jersey, the New York Court of Appeals, the New Jersey Supreme Court, and the Court of Appeals for the Second Circuit.

Mr. Pozner served as law clerk to the Honorable Victor Ashrafi, J.S.C., Superior Court of New Jersey, Somerset County, for the 2006-2007 Term.

Experience

• Represented an insurer in an appeal before the New York Appellate Division, First Department and the New York Court of Appeals involving complex issues of choice of law and application of the pollution exclusion in a declaratory judgment action seeking coverage for underlying Chinese drywall litigation.

• Represented an insurer in an appeal of an issue of first impression before the Second Circuit Court of Appeals involving application of a policy condition for purposes of allocation under New York law.

• Represented a property owner in an appeal before the New Jersey Appellate Division and New Jersey Supreme Court involving liability of a property owner for negligence of independent contractor injured on the premises.

• Represented an insurer in a declaratory judgment action in which the New Jersey Department of Environmental Protection and a landowner sought a ruling that the insurer had a duty to indemnify and reimburse both entities for the expense of a clean up of contaminated soil in Camden, New Jersey. Through his efforts, the client was able to achieve a successful settlement of the matter by demonstrating that the cleanup was over-extensive and not justified.

• Represented an insurer in a declaratory judgment action where the plaintiff sought coverage for professional negligence claims where the claims were dismissed on motion for summary judgment because he was able to demonstrate that the claims did not take place during the policy period.

Decisions in which Mr. Pozner has been involved:

  • United States v. South Jersey Clothing Co., 2013 U.S. Dist. Lexis 140556, Civil No. 96-3166 (D. N.J. Sept. 30, 2013)
  • Olin Corp. v. American Home Assur. Co., 704 F.3d 89 (2d Cir. 2012)
  • Marolda Farms, Inc. v. Maryland Cas. Co., 2012 N.J. Super. Unpub. LEXIS 2609, Docket No. 1-1299-11T2 (App. Div. Nov. 29, 2012)
  • Hernandez v. M-Indus., LLC, 2010 N.J. Super. Unpub. LEXIS 1584, Docket No. A-0747-09T3 (App. Div. July 15, 2010)
  • W9/PHC real Estate LP v. Farm Family Cas. Ins. Co., 407 N.J. Super. 177 (App. Div. 2009)
  • Assurance Co. of Am. v. Seneca Ins. Co., 2009 N.J. Super. Unpub. LEXIS 621, Docket No. A-1264-07T3, (App. Div. April 8, 2009)

News

Publications and Presentations

 "The More Things Change, the More They Stay the Same: Grable & Sons v. Darue Engineering Does Not Resolve the Split Over Merrell Dow v. Thompson," 2 Seton Hall Cir. Rev. 533 (2006)

Awards and Honors

Selected for inclusion in New Jersey Rising Stars, 2014 - 2017.

Membership

Member, American Bar Association

Member, New Jersey State Bar Association

Member, New York State Bar Association