If you were born and raised in New Jersey like me, you’ve heard your share of New Jersey jokes from interlopers who think the entire state looks like the Turnpike near Newark Airport. (“What exit?” How wonderfully clever.) My response to these jokes is two-fold. First, trust me on this, we don’t like you, either.
Uncategorized
Limitations Periods in Insurance Policies
By Gene Killian on
Posted in Uncategorized
Here are a few universal truths. If politicians can raise taxes, they will. If lawyers can bill, they will. And if judges can find a way to help clear their docket, they will. That last truth can create a serious problem for the unwary dealing with insurance claims.
Many business property policies and homeowners’ policies…
Directors & Officers Insurance, the FDIC, and the “Insured v. Insured” exclusion
By Gene Killian on
Posted in Uncategorized
I heard free-market economist Lawrence Reed speak today at a Foundation for Free Enterprise luncheon. Mr. Reed made the point that for free markets to function properly, citizens must assign top priority to raising the caliber of their character, and learning from those who display the highest ethics. His point was that society descends into…
Interpreting “Personal Injury” Coverage
By Gene Killian on
Posted in Personal injury coverage, Uncategorized
Every once in a while, I come across a case in which the facts are just so perfect, I can’t not write about them. Take, for example, the recent Sixth Circuit decision in Stafford v. Jewelers Mutual. A 5.56 carat pink diamond. A deal by a diamond merchant to buy the jewel (for cash…
More Developments in Insurance Coverage for Data Breach
By Gene Killian on
Posted in Cyberliability, Uncategorized
I gave a presentation last week to the New Jersey Institute for Continuing Legal Education on the topic of insurance coverage for cyberliability. (I know, I know, that and four bucks will get me a latte at Starbucks.) The dangers of data breach are quite the hot topic lately (NSA, Snowden, Target, and on and…
Flood insurance, overpayments, and the FEMA 50% rule
By Gene Killian on
Posted in Flood insurance, Uncategorized
In a recent decision in the federal district court here in New Jersey, Judge Irenas wrote: “Plaintiff Marjorie Brooks alleges that her insurance company paid her too much money after her home was damaged by Hurricane Sandy. The court thus takes judicial notice of the following facts: pigs can fly and hell has frozen over.” …
The Explosive “Your Work” Exclusion
By Gene Killian on
Posted in Occurrence, Uncategorized
A lot has been written lately – both by judges and observers – about the so-called “business risk” exclusions and their applicability to construction defect claims. (We’ve previously discussed them here, for example.) Some judges have ruled that faulty workmanship can never constitute a covered “occurrence” under a general liability policy. Lately, though, more…