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...

Grandvue Manor, LLC v. Cornerstone Contracting Corp., ___ N.J. Super. ___ (App. Div. 2022); Sullivan v. Board of Review, ___ N.J. Super. ___ (App. Div. 2022). Both of these opinions, issued yesterday, were authored by Judge Whipple. The former addressed an arbitration provision contained in a contract to construct a $10 million home in New York. The latter dealt with an attempt to assert an estoppel claim against the Board of Review, which had sought to recover payments wrongly made to petitioner Sullivan. In Grandvue, the Appellate Division was first required to determine whether New Jersey...