Norman International, Inc. v. Admiral Ins. Co., ___ N.J. ___ (2022). This case arose out of an injury to an employee of Home Depot in Nassau County, New York while he was using a blind cutting machine that was maintained by one of the plaintiffs (“Richfield”). The employee sued Richfield for his injuries. Richfield notified its insurer, defendant Admiral, but Admiral invoked an exclusion and contended that Admiral was not obligated to assign counsel to represent Richfield or to indemnify Richfield against any damages awarded to the employee. As Judge Fuentes, writing for a...

Mac Property Group, LLC v. Selective Fire & Cas. Ins. Co. , ___ N.J. Super. ___ (App. Div. 2022). [Disclosure: I am counsel for insureds in another appeal regarding the issue of insurance coverage for business interruptions caused by COVID-19, though on different alleged facts and with different policy language]. As Judge Sumners noted at the start of his opinion for the Appellate Division in the six back-to-back appeals in this case, those cases present “an issue of first impression––whether in the context of Rule 4:6-2(e) motions to dismiss with prejudice, insurance policies...

Savage v. Township of Neptune, ___ N.J. Super. ___ (App. Div. 2022). Judge Haas issued this opinion of the Appellate Division. Plaintiff, a former sergeant with the Neptune Township police, brought an underlying employment discrimination case, which was settled. The written settlement agreement included a provision under which the parties agreed not to make any statements “regarding the past behavior of the parties, which statements would tend to disparage or impugn the reputation of any party.” Days after plaintiff received her payment under the settlement agreement, she was...