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In a recent decision in Kane Builders, Inc. v. Continental Casualty Company, the United States District Court in New Jersey remanded back to state court the determination of whether Continental owed the builder defense and indemnity in connection with an underlying construction defect case which had been playing out in state court. As is typical in these matters, the insurance carrier filed a declaratory judgment action in federal court notwithstanding the pendency of a then…
Cvetkovic vs. N.J. Water Supply Authority It is common for contractors working on large-scale construction projects to require their subcontractors to provide a “Certificate of Insurance.” These certificates are commonly issued by insurance brokers and are intended to confirm to the prime contractor that the subcontractor maintains insurance. In Cvetkovic vs. N.J. Water Supply Authority,  a New Jersey Appellate Court has decided, as a matter of first impression in New Jersey, that a certificate of…