Elliott Abrutyn

Mr. Abrutyn handles all types of professional liability cases, complex civil litigation, commercial litigation, insurance coverage disputes and civil appeals. He is also the Firm’s Managing Partner and Chairman of the Executive Committee.

Mr. Abrutyn has an extensive appellate practice and has argued several precedent setting cases before the New Jersey Supreme Court. His most notable case was Morton International v. General Accident Ins. Co., 134 N.J. 1 (1993), in which the Supreme Court clarified the definition of occurrence and the meaning of the pollution exclusion in general liability policies. Recently the Supreme Court in Liberty Surplus Insurance Corporation, Inc., v. Nowell, Amoroso, P.A., 189 N.J. 436 (2007), which involved the prior knowledge condition in a lawyers malpractice policy affirmed a summary judgment obtained by Mr. Abrutyn in favor of the insurer on appeal. He also argued and received four precedent setting decisions from the New Jersey Supreme Court in the following cases: Kane v. Hartz Mountain Industries, Inc.,143 N.J. 141 (1996), in which the court clarified the duties of owners, contractors and subcontractors in construction work place accidents; Zirger v. General Accident Ins. Co., 144 N.J. 237 (1996), in which the court determined that a jury award is binding upon an underinsured motorist insurer who did not participate at the trial, however, the decision was prospective and the Supreme Court set forth guidelines on seeking the intervention of the insurer at the liability trial; Lyn-Anna Properties, Ltd. v. Harborview Development Corp., 145 N.J. 313 (1995), where the court held that a defendant in an equity action who filed a counterclaim for legal malpractice against the plaintiff-attorney was not entitled to a jury trial; and, in the case of American Motorists Insurance Co. v. L-C-A Sales Co., 155 N.J. 29 (1998), the Supreme Court held that a wrongful termination and age discrimination claim is not covered under a general liability policy. Below is a list of the published opinions Mr. Abrutyn has presented to an appellate court