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Gabe Darwick, Co-Presenter for Claims and Litigation Management Alliance
Please join Gabe Darwick on January 29, 2020 at 12:00 p.m. EST as he co-presents a webinar for Claims and Litigation Management Alliance, titled, “More…
The Mistaken “Necessary Party” Priority of Coverage Defense
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
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”).
Coughlin Duffy LLP Earns Tier 1 and Tier 3 Metropolitan Rankings from U.S. News – Best Lawyers® "Best Law Firms" 2020
Coughlin Duffy LLP is proud to announce its Insurance Law and Real Estate Law practice areas have been included in U.S. News – Best Lawyers® 2020 “Best Law Firms” Metropolitan rankings.
New Jersey Continues Aggressive Enforcement Actions For Environmental Harms
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
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.
Third Circuit Reopens Window for Potential Coverage of Product Defect Claims Based Upon Definition of an “Occurrence”
On September 13, 2019, the U.S. Third Circuit (“Third Circuit”) partially overturned a decision from the U.S. District Court (“District Court”) in favor of the insurers that an aluminum products manufacturer was not entitled to coverage for claims arising from its production of faulty window components.
Jason Meisner to Present at DigiCON 2019 on October 11, 2019
On Friday, October 11th, Jason Meisner will be presenting on “'I Can Get Sued for That?' Legal Pitfalls of Marketing in a Digital Age, and How Best…
Heidi Minuskin to Speak at Appraisal Institute on September 19, 2019
Heidi Minuskin will be speaking on a panel entitled, "Environmental Pitfalls Associated with Purchasing or Leasing Commercial Real Estate" at the Northeast NJ Chapter of the…
New Jersey Enacts Landmark Wage Theft Law
New Jersey has now adopted what looks to be the most comprehensive wage theft law in the entire country.
New Jersey Appellate Division Confers Additional Insured Status, Albeit Limited to that Portion of the Insured's Work
In Comcast of Garden State, LP v. The Hanover Ins. Co., Docket No. A-3425-17T4, an unpublished decision decided on July 10, 2019, the New Jersey Appellate Division held that a putative additional insured found partially liable in an underlying personal injury action was an additional insured, but “only with respect to” the insured-contractor’s work, and, therefore, was not entitled to coverage for its own negligent conduct.
6 Coughlin Duffy Partners Recognized in 2020 Edition of Best Lawyers in America®
Coughlin Duffy LLP is pleased to announce that 6 of the firm's partners have been selected by their peers for inclusion in the 2020 edition of The Best Lawyers in America©.
New Jersey Appellate Court Provides Some Clarity on the Scope and Use of Employment Restrictive Covenants
The New Jersey Appellate Division has clarified the analysis required to determine the effect of restrictive covenant agreements (RCAs) and offered guidance to practitioners drafting RCAs under New Jersey law in a decision on six consolidated actions.
New Jersey Enacts Employee Salary History Ban
New Jersey has enacted a new law prohibiting employers from seeking or relying on job applicants’ salary history.
Third Circuit Rules No Duty to Defend School District Based on Prior Knowledge of Sexual Abuse of Students
On July 26, 2019, the United States Court of Appeals for the Third Circuit held in favor of Coughlin Duffy’s client, an insurer, affirming summary judgment that the insurer had no duty to defend a school district against claims of sexual abuse by a teacher.
Summary Judgment Win on Multiple Grounds Under a Professional Liability Policy as to Novel Legal Issues
On June 26, 2019, New Jersey Superior Court Judge Mary Thurber granted summary judgment in favor of Coughlin Duffy’s client, a professional liability insurer, dismissing Plaintiffs’ claims against it in full.
New Jersey Joins New York in Amending Statute of Limitations for Child Sexual Abuse Claims
New Jersey joins New York and other states in amending its statute of limitations for child sexual abuse claims.
Ohio Court of Appeals Waffles on Scope of Duty to Defend Inquiry
In a pair of recent decisions issued in the same case, the Ohio Court of Appeals has grappled with the extent of an insurer’s ability to rely on information extrinsic to the underlying complaint when determining whether a duty to defend its insured exists.
Coughlin Duffy Prevails on Summary Judgment for Insurance Carrier in New York Supreme Court
On June 4, 2019, Partner Robert Muilenburg prevailed on a summary judgment in New York Supreme Court for an insurer enforcing payment of seven deductibles for $425,000 arising out of a settlement of World Trade Center inhalation claims.
Author and Professor Heidi Brown Speaks at Coughlin Duffy LLP
On Thursday, June 6th, author and professor Heidi Brown spoke to Coughlin Duffy's Women's Initiative Group and attorneys. Ms. Brown is currently the Director of the…
Timothy I. Duffy Honored at Tri-County Scholarship Fund's Annual Lawyers Awards Dinner
On Tuesday, May 14th, Founding Partner Tim Duffy was honored at the Tri-County Scholarship Fund's Annual Lawyers Dinner benefiting the Tri-County Scholarship Fund's Freedom Scholars Program.
Coverage B Conundrum: Do the Facts Alleged or the Elements of Liability Control Courts’ Duty to Defend Analysis?
It is well-settled that, in Wisconsin, an insurer’s duty to defend arises whenever the factual allegations in the complaint raise a reasonable possibility of coverage. Yet in West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc., the Wisconsin Supreme Court explicitly evaluated the duty to defend based on the elements of liability to the exclusion of the factual allegations.
New Jersey Governor Bans Non-Disclosure Agreements for Harassment, Retaliation and Discrimination Claims
New Jersey has joined the #MeToo movement as Governor Phil Murphy recently signed Senate Bill 121 into law. The new law prohibits employers from enforcing nondisclosure agreements against current or former employees who lodge any harassment, retaliation or discrimination claim.
Coughlin Duffy Named as an Environmental Leader by CIANJ and COMMERCE Magazine
Coughlin Duffy LLP is honored to be selected as a finalist in the first annual Commerce and Industry Association of New Jersey (CIANJ) and COMMERCE Magazine's 2019 Environmental Leadership Awards, celebrating environmental leadership in the business community.
California Supreme Court to Rule Upon Pivotal Coverage Question for TCPA Claims
California’s highest court is poised to decide a key question of law concerning potential “personal injury” coverage for claimed violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(1)(C).