Winter 2017-2018

Air Master & Cooling, Inc. v. Selective Insurance Company of America: New Jersey Appellate Court Addresses Trigger of Coverage Issues for Progressive Construction Defect Losses

The state of the law across the U.S. regarding insurance for construction defects under commercial general liability (CGL) coverage is an ever-changing landscape. Although numerous coverage issues continue to be debated, including the fundamental issue of whether faulty workmanship is sufficiently fortuitous to rise to the level of an “occurrence” (which can vary from jurisdiction […]

Addressing the Rights of Addicts and Alcoholics in the Workplace under the Americans with Disabilities Act

The opioid crisis has focused attention on workplace substance abuse like never before.  In August, President Trump declared the opioid crises “a national emergency,” the likes of which “this country has never seen before.”  State and federal political leaders from both parties, in a rare display of bipartisanship, have agreed that substance abuse—including prescription painkillers—has […]

The Importance of Understanding Insurance Issues in Securities Arbitration and Mediation

Insurance issues often influence the outcome of securities arbitrations and mediations, yet the workings of errors and omissions insurance is not fully understood by many lawyers, arbitrators and mediators.  In fact, insurance information is generally not disclosable in securities arbitration, and is considered confidential information by many broker-dealers and insurance industry professionals.  The overwhelming majority […]