Most homeowner’s policies issued in New Jersey contain statutes of limitation for filing a lawsuit against an insurance carrier where the homeowner (insured), disagrees with the insurance carrier’s claim payment amount, or refusal to make any payment on a claim.
In a recent unpublished United States District Court opinion, Turkmany v. Excelsior Insurance, the
Insureds filing a fire loss claim against their homeowner’s insurance carrier for property damage and loss of personal property must not conceal or misrepresent any material fact or circumstance in presenting the claim.
In a recent unreported Appellate Division case in New Jersey, Masaitis v. Allstate, plaintiffs (the homeowners) sued Allstate for significant fire
A recent unpublished decision by a N.J. federal district judge addressed whether an insurance company can be forced to pay out $300,000 on a life insurance policy purchased by a senior who stopped paying premiums before his death. Smith v. Conseco.
The New Jersey legislature enacted a statute, effective in 2000, requiring insurers to
A recent New Jersey Appellate Division decision in Kohler v. Life Insurance Company of North America and Best Med Consultants, Inc., addressed a disability insurance carrier’s right to have a disability claimant examined through a so-called “independent medical examination (“IME”).”
Continue Reading Appropriateness of Independent Medical Examinations in LTD Claims
As a seasoned mediator, I begin each session by affirming my absolute confidence that a settlement of the dispute can be arrived at during the session we are about to commence. Parties come to the process often unfamiliar and apprehensive, yet largely open to the prospect, especially if reinforced by suggestion, that anything is possible.
Continue Reading Having an Open Mind in Mediation Can Help Achieve a Settlement
In response to concerns raised by the public, legislators, the Community Associations Institute and others, Congress recently passed the Homeowner Flood Insurance Affordability Act of 2014. Signed by President Obama into law, the legislation forestalls significant increases in flood insurance premiums that were set to have taken effect.
Continue Reading Reprieve For Community Associations Located In High Risk Flood Areas
As many New Jersey residents decide whether to modify their existing homes in coastal areas, damaged by Sandy, identifying and retaining qualified, licensed contractors to “raise” existing structures is a major concern.
Continue Reading “Raised” New Jersey Home, Damaged by Sandy Flooding, Collapses
According to the New Jersey Department of Banking and Insurance, as of March 1, 2013, approximately 40% of flood-related Sandy claims are still unresolved. Many claims involve legal issues associated with the following circumstances, many of which we have seen in cases we are currently handling on behalf of insured policy – holders in the tri-state area:
Continue Reading Sandy Insurance Claims: Commonly Encountered Issues
In a recent published opinion, State v. Perini Corporation, et al., the New Jersey Appellate Division addressed the ten-year Statute of Repose, N.J.S.A. 2A:14-1.1, which bars claims for damages for any “…deficiency in the design, planning, surveying, supervision or construction of an improvement to real property … arising out of the defective and unsafe condition of an improvement to real property … more than 10 years after the furnishing of such services and construction.” The Statue of Repose has essentially acted as a roadblock to recovery for Plaintiffs seeking damages for faulty work that did not become evident until years after the construction took place.
Continue Reading Lightening the Burden Imposed by the Statute of Repose
The right to a trial by jury is a fundamental liberty, residing at the heart of Anglo-American jurisprudence. It is a core value which defines us as a people and traces its roots prior to the Magna Carta in 1215. The Virginia Declaration of Rights adopted in 1776 provided that in a “suit between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.”
Continue Reading The Wonders of Mediation