The Guaranty Association Is The Insurer Of The Last Resort Requiring Claimants To First Exhaust The Policy Limits Of Solvent Insurance Companies

Recently, on September 24, 2013, the New Jersey Supreme Court issued a unanimous opinion in Farmers Mut. Fire Ins. Co. of Salem v. N.J. Property-Liability Ins. Guar. Ass’n, Docket No. A-42-11,  holding that in a continuous-trigger case, where an insolvent carrier along with a solvent carrier is required to pay the costs of the personal […]

NJDEP Stormwater Rules – NSPS Thrown Out

The Appellate Division of Superior Court has invalidated the use of the point system to determine compliance with low-impact development requirements of the NJDEP Stormwater Rules. The reason for invalidating the point system is because it was not adopted as a rule and it should have been under the Administrative Procedures Act. Therefore, you can […]

Court Bars DEP’s Reliance On “Guidance” For Stormwater Management Plans

In upholding DEP’s “waiver rules” earlier this year, the Appellate Division of New Jersey Superior Court called into question the agency’s reliance on “guidance documents” in lieu of formal rulemaking.  In that case, the court upheld the waiver rules despite DEP’s use of guidance documents in implementing the rule, finding that there are sufficient substantive […]

Sewer Reservation Agreement Ordinance Withstands Challenge Preserving Development Rights

A threshold due diligence question for developers is whether public water and sewer is available for development.  If connection to public water and sewer is not possible or is too expensive, or sufficient capacity is not available, a developer may look elsewhere.  For developers who decide to move forward with a site, water and sewer […]