Mea culpa. I haven’t written here in a while, because I’ve been focusing my creative juices on developing a new podcast about effective negotiation and communication skills. (Shameless plug: Please check it out! It’s called Station 4 Negotiation and it’s available on all of the major podcast platforms.) But I had to return to discuss
New Jersey Insurance Coverage Litigation
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Heightened pleading requirements for insurance claims in New Jersey
By Gene Killian
Regular readers of this blog know that I often whine about – er, raise persuasive points about – the recent trend in the courts (especially federal courts) to erode the longstanding pro-policyholder rules of insurance policy construction.
But the situation goes beyond that. The federal court here in New Jersey is now apparently heightening the…
Update: Insurance coverage for COVID-19 losses
By Gene Killian
Mr. Trouble never hangs around,When he hears this mighty sound,“Here I come to save the day!”That means that Mighty Mouse is on the way!Yes sir, when there is a wrong to right,Mighty Mouse will join the fight!On the sea or on the land,
He’s got the situation well in hand!
-Theme from “Mighty Mouse” (1958)…
The trouble with “no action” clauses
By Gene Killian
I had a brief but interesting conversation with a couple of colleagues recently. The topic was so-called “no action” clauses in liability insurance policies. “No action” clauses try to create a “get out of jail free” card for the carrier, at least temporarily. A typical one reads: “You agree not to bring any action against…
Griggs and the Recalcitrant Carrier
By Gene Killian
Back in the halcyon days of insurance coverage litigation (before many defense-oriented judges began to view themselves as Guardians at the Gate of the Insurance Industry), New Jersey courts would occasionally hand down landmark decisions to protect the policy-buying public from sharp practices by carriers. One of those decisions was Griggs v. Bertram, 88 N.J.…
Update on COVID-19 Business Interruption Claims
By Gene Killian
Very early on, our firm decided not to get involved in the COVID-19 business interruption coverage wars. Our reasons were simple.
First, we knew that the insurance industry would treat these claims as a threat to their very existence (or at least would say that to judges in an effort to dodge coverage). Therefore, the…
The sad state of the duty to defend in New Jersey
By Gene Killian
I seriously don’t know why so many judges have seem to have such a difficult time applying insurance law. Don’t tell anyone, or coverage lawyers like me may have to reduce our hourly rates, but the whole body of insurance law really comes down to Four Simple Rules:
…
Are fraud claims covered by insurance?
By Gene Killian
If you were born and raised in New Jersey like me, you’ve heard your share of New Jersey jokes from interlopers who think the entire state looks like the Turnpike near Newark Airport. (“What exit?” How wonderfully clever.) My response to these jokes is two-fold. First, trust me on this, we don’t like you, either.…
When Insurance Companies Won’t Settle
By Gene Killian
I’ve been representing policyholders in insurance coverage litigation for 35 years, and I’m convinced that I’ll never understand the logic of insurance company claim departments. They settle cases that I think they might want to fight, and they fight cases tooth-and-nail that I think they really should settle. (Maybe it’s me.)
The carrier’s claim file…
Insurance policy notice provisions, and a mistake by a Supreme Court nominee
By Gene Killian
I hesitated to write this blog post, which is intended to be nonpolitical. We’re currently in the middle of an exceedingly nasty election season, and any topic that even remotely touches on politics is likely to lead to online mayhem. But I was intrigued by the confirmation hearings I watched yesterday for President Trump’s Supreme…