Filling out an application for a commercial insurance policy is a drag, and the temptation is to rush through the process. After all, you have more important things to do, right? But the Appellate Decision recently reinforced the serious consequences
New Jersey Insurance Coverage Litigation
The New Jersey Insurance Coverage Litigation blog, published by The Killian Firm, P.C., focuses on legal issues surrounding insurance coverage disputes in New Jersey and New York. It covers topics such as policy application accuracy, interpretation of insurance policy language, pleading standards in insurance claims, coverage for emerging risks like COVID-19 losses, and the enforceability of contractual clauses like no-action provisions. The blog discusses both first-party and third-party insurance coverage matters, including professional liability, commercial insurance, and employment-related insurance disputes. It also addresses judicial trends and case law developments affecting policyholders and insurers in coverage litigation contexts.
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Latest from New Jersey Insurance Coverage Litigation
“Uninsurable” loss and the rules of construction
By Gene Killian
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…
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…
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…
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,…
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…
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…
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…
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…
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…