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Legal Articles: Coughlin Duffy LLP


Document(s) published by this organization: 9

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Adobe PDFThe 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;
Legal Alert/Article
August 27, 2014, previously published on August 6, 2014
One 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...


Adobe PDFRecent 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;
Legal Alert/Article
August 27, 2014, previously published on August 13, 2014
An 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...


Adobe PDFHas the Second Circuit Mandated a Rubber Stamp Approval System for SEC Consent Decrees?
Sally A. Clements, Suzanne C. Midlige; Coughlin Duffy LLP;
Legal Alert/Article
June 25, 2014, previously published on June 6, 2014
In 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...


Adobe PDFNew 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;
Legal Alert/Article
March 12, 2014, previously published on March 3, 2014
On 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...


Adobe PDFBill 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;
Legal Alert/Article
December 10, 2013, previously published on December 4, 2013
On 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...


Adobe PDFNew Decision Requiring Exhaustion of Underlying Insurance - Quellos Group LLC., v. Federal Insurance Company
Kevin T. Coughlin, Michael E. Hrinewski; Coughlin Duffy LLP;
Legal Alert/Article
November 26, 2013, previously published on November 19, 2013
On 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...


Adobe PDFNew 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;
Legal Alert/Article
November 26, 2013, previously published on November 19, 2013
On 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....


Adobe PDFNew Jersey Supreme Court Requires Exhaustion of All Other Applicable Insurance Before N.J. Property-Liability Guaranty Association Pays Statutory Benefits For An Insolvent Insurer’s Long-Tail Claims
Lorraine M. Armenti, Eduardo DeMarco, Christopher S. Franges; Coughlin Duffy LLP;
Legal Alert/Article
September 27, 2013, previously published on September 24, 2013
On September 24, 2013, in Farmers Mutual Fire Ins. Co. of Salem v. NJPLIGA, ** N.J. ***, 2013 N.J. LEXIS 902, (2013), the New Jersey Supreme Court ruled that all other applicable insurance must be exhausted before the New Jersey Property-Liability Insurance Guaranty Association...


Adobe PDFSupreme Court Holds in Potomac Insurance Co. of Illinois v. Pennsylvania Manufacturers’ Association Insurance Co. that Release between Insured and Insurer Will Not Prevent Co-Insurer from Recovering Defense Costs Directly from the Settling Insurer
Coughlin Duffy LLP;
Legal Alert/Article
September 25, 2013, previously published on September 19, 2013
On September 16, 2013, the New Jersey Supreme Court held that OneBeacon Insurance Co. (“OneBeacon”), which paid defense costs in a construction defect action on behalf of Roland Aristone, Inc. (“Aristone”), could maintain an action against Pennsylvania Manufacturers’...