Document(s) published by this organization: 7
|Recent Developments in the Use of the Attorney-Client Privilege and Work Product Immunity to Shield Investigative Materials from Discovery in New York|
Lorraine M. Armenti, Jonathan A. Messier; Coughlin Duffy LLP;
August 27, 2014, previously published on August 13, 2014An appellate-level state court in New York recently examined the applicability of the attorney-client privilege and work product immunity in the context of an insurer’s pre-denial-of-coverage retention of outside counsel to assist in evaluating the existence or non-existence of insurance...
|The Wait is Over: A Party Can Now File a Contribution Claim Prior to the Completion of a Cleanup|
Deborah A. Kelly, Heidi S. Minuskin, Michelle D. Murphy; Coughlin Duffy LLP;
August 27, 2014, previously published on August 6, 2014One of the most valuable tools in a responsible party’s arsenal, a contribution claim, can now be used to take immediate action against other potentially responsible parties for damages at contaminated sites in New Jersey. This important tool ensures that parties do not pay more than their...
|Has the Second Circuit Mandated a Rubber Stamp Approval System for SEC Consent Decrees?|
Sally A. Clements, Suzanne C. Midlige; Coughlin Duffy LLP;
June 25, 2014, previously published on June 6, 2014In a long awaited decision, the Second Circuit Court of Appeals has overruled United States District Court Judge Rakoff’s refusal to affirm a $285 million settlement between Citigroup and the Securities and Exchange Commission (“SEC”) and has clarified the scope of the...
|New York Trial Court Denies Sony’s Claims against Primary CGL Insurers to Pay for Defense Costs Related to Cyber-Attack Litigation|
Steven D. Cantarutti, Kevin T. Coughlin, Robert J. Kelly; Coughlin Duffy LLP;
March 12, 2014, previously published on March 3, 2014On February 21, 2014, a New York trial court (Hon. Jeffrey K. Oing, J.S.C.) in Zurich Amer. Ins. Co. v. Sony Corp. of Amer., et al., Index No. 651982/2011 (N.Y. Sup. Ct., N.Y. Cnty.), made a significant ruling in the area of cyber risk coverage. The Court rejected claims by Sony Computer...
|Bill to Require Inclusion of “Faulty Workmanship” of Contractor in Definition of “Occurrence” in Commercial Liability Policies Introduced in New Jersey Assembly|
Julia C. Talarick, Kevin E. Wolff; Coughlin Duffy LLP;
December 10, 2013, previously published on December 4, 2013On November 25, 2013, Assemblyman Gary S. Schaer introduced a Bill, ASSEMBLY NO. 4510, to the Financial Institutions and Insurance Committee of the Assembly that, if passed, will require insurers to define the term “occurrence” in commercial liability insurance policies issued to...
|New Jersey Superior Court Clarifies Limitation To The Farmers Mutual Decision and The Applicability of the 2004 Amendment to the PLIGA Act|
Lorraine M. Armenti, Eduardo DeMarco; Coughlin Duffy LLP;
November 26, 2013, previously published on November 19, 2013On November 13, 2013, in Ward Sand & Materials Co. v. Transamerica Ins. Co., et als. (CAM-L-4130-09), Judge Robert G. Millenky of the Superior Court of New Jersey issued the first known written opinion interpreting the New Jersey Supreme Court’s recent decision in Farmers Mutual Fire Ins....
|New Decision Requiring Exhaustion of Underlying Insurance - Quellos Group LLC., v. Federal Insurance Company|
Kevin T. Coughlin, Michael E. Hrinewski; Coughlin Duffy LLP;
November 26, 2013, previously published on November 19, 2013On November 12, 2013, the Court of Appeals of the State of Washington became the latest appellate court to find that excess insurance policy language that required actual payment of underlying insurance limits be followed in a less than policy limits settlement. In this action, the State’s...