State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, ___ N.J. Super. ___ (App. Div. 2017).  Beach access has long been an important and controversial issue in New Jersey.  After Superstorm Sandy in 2013, the New Jersey Department of Environmental Protection (“DEP”) partnered with the federal Army Corps of Engineers, pursuant t

Abboud v. National Union Fire Ins. Co., ___ N.J. Super. ___ (App. Div. 2017).  This opinion by Judge Ostrer interpreted an “insured vs. insured” exclusion in a directors and officers liability insurance policy.  That exclusion generally bars coverage for claims by one insured against another, such as counterclaims brought against plaintiff by his fellow officers of a limited liability company and that LLC itself.  After the insurer denied coverage, plaintiff

Gil v. Clara Maass Medical Center, ___ N.J. Super. ___ (App. Div. 2017).  This was a medical malpractice case.  The appeal, however, resulted from the Law Division’s grant of summary judgment in favor of certain insurers, which threw out plaintiff’s claim that the allegedly negligent physician, Dr. Copur, was the covered hospital’s “employee” or a “leased worker,” or that the doctor’s limited liability company, FirstChoice OB/GY