Court Defines Time of Application Trigger

A February 14, 2017 decision of the Appellate Division of New Jersey Superior Court may make it more difficult for developers to gain the benefit of the “time of application” rule enacted by the Legislature in 2011. Prior to that, courts in New Jersey applied the “time of decision” rule, under which a decision concerning […]

New Jersey Supreme Court: Insurers May Be Liable for Cleanups Even After Policy Assignment

On February 1, 2017, the New Jersey Supreme Court unanimously held that insurers may remain liable for cleaning up pollution even if the original insurance policy has been assigned due to corporate mergers or restructuring of the insured. In a decision that directly impacts many New Jersey policyholders and insurance companies, the Court confirmed that […]