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Thomas J. Pryor is an expert Civil Trial Attorney as certified by the Supreme Court of New Jersey. Mr. Pryor is also member of the firm’s Litigation, Alternative Dispute Resolution, and Insurance Coverage & Liability practices.

In the context of insurance, “subrogation” is when an insurance company files a claim to recover from a party causing a loss, after the insurance company has paid the policyholder for the covered loss. The insurance company steps into the shoes of the insured policyholder and gets the benefit of whatever rights the policyholder may have had against the third-party causing the covered loss. For example, a fire loss occurs, resulting in a payment by the homeowners’ insurance company. After payment, the insurance company brings an action against the party deemed responsible for causing the fire.
Continue Reading When Doctrines Collide: The competing doctrines of subrogation and entire controversy

The New Jersey Appellate Division decided Delam Construction v. 15 Thornton Road on December 10, 2007. The parties had entered into a contract for Delam to construct a building. Defendant, Thornton, owed Delam a balance of $187,368 for Delam’s work on the project. Delam filed suit for breach of contract and later added Thornton’s managing member as a defendant.
Continue Reading Appeals Court Affirms Request for Arbitration After Parties Had Litigated for Over One Year

The New Jersey Supreme Court has adopted New Jersey Rule of Evidence 519 entitled “Mediation Privilege” to become effective July 1, 2008. It provides that a mediation communication is privileged and shall not be subject to discovery or admissible in evidence in a proceeding unless waived or precluded under limited circumstances further defined in the amendment.
Continue Reading Mediator Privilege

A New Jersey Law Division Court has decided that a certificate of insurance which contains a disclaimer that the certificate was issued “as a matter of information only and confers no rights upon the certificate holder” nor does it “amend, extend or alter the coverage afforded by the policies” does not establish insurance coverage for the contractor receiving the certificate.
Continue Reading Certificate of Insurance Does Not Establish Insurance Coverage

Prompted by a recommendation by the New Jersey Supreme Court Committee on Complimentary Dispute Resolution, there is a proposal pending to raise the compensation for Court-referred mediators. This should be a positive development, if adopted by the Court, and renew vigor to a program which has demonstrated its rightful place as a means of settling all manner of legal disputes.
Continue Reading Proposed Increase in Compensation for Mediation Services