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
Supporting the Right to Obtain a Disability Carrier’s Underwriting Manuals
Shore Orthopaedic v. The Equitable is an important case in a policyholder’s arsenal – supporting the right to obtain a disability carrier’s underwriting manuals to challenge a claim denial.
Continue Reading Supporting the Right to Obtain a Disability Carrier’s Underwriting Manuals
Appeals Court Affirms Request for Arbitration After Parties Had Litigated for Over One Year
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
Mediator Privilege
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
Certificate of Insurance Does Not Establish Insurance Coverage
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
Benefits of Arbitration Sited in Recent Study
In a recent study conducted by Cornell Professor David Sherwyn, he presented a case study of a large employer following implementation of a program of alternative dispute resolution.
Continue Reading Benefits of Arbitration Sited in Recent Study
Appellate Division Rules On Mediator Confidentiality
In Lehr vs. Afflitto, the New Jersey Appellate Division ruled that the trial court erred in permitting a mediator to testify during a hearing held to determine whether the parties had reached a settlement of their matrimonial dispute.
Continue Reading Appellate Division Rules On Mediator Confidentiality
Court Reluctant to Overturn Abritrator’s Decision
In a recent construction partnership break-up case, a New Jersey Chancery Judge addressed whether an arbitration award should be confirmed where one of the parties alleged that the arbitrator’s decision was erroneous because certain evidence was not considered.
Continue Reading Court Reluctant to Overturn Abritrator’s Decision
Proposed Increase in Compensation for Mediation Services
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