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1.2.20 – A troubling trend has begun to develop in the New York additional insured coverage litigation arena on the issue of priority of coverage. Disclaiming insurers who potentially owe additional insurance coverage, when confronted with a summary judgment motion, or even at earlier stages, have argued that until they have all available policies that may provide coverage, they cannot confirm their duty to defend.
- New Jersey Appellate Panel Rules Municipal Courts Can Enforce Pollution Cleanup Orders
11.21.19 – On Wednesday, November 13, 2019, a three-judge panel for the New Jersey Appellate Division affirmed a Middlesex County State Court’s decision granting municipal courts jurisdiction to enforce civil penalties under the Spill Compensation and Control Act, (“the Spill Act”) pursuant to the Penalty Enforcement Law of 1999 (“PEL”).
- New Jersey Continues Aggressive Enforcement Actions For Environmental Harms
10.30.19 – On Friday, October 25, 2019, State Attorney General Grubir S. Grewal (“Grewal”) and New Jersey Department of Environmental Protection (“NJDEP”) Commissioner Catherine R. McCabe (“McCabe”) announced the filing of six lawsuits against companies and individuals who allegedly polluted sites in Trenton, Kearny, Camden, East Orange, and Newark.
- Connecticut High Court Affirms Continuous Trigger, Unavailability Exception to Pro-Rata Allocation for Asbestos Bodily Injury Coverage
10.7.19 – On October 4, 2019, the Connecticut Supreme Court affirmed the Appellate Courts’ decision in R.T. Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company, 171 Conn. App. 61 (2017), adopting the “continuous trigger” and the “unavailability exception” to pro-rata allocation for asbestos bodily injury claims.