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

Larkins v. Solter, ___ N.J. Super. ___ (App. Div. 2017).  The Office of the State Comptroller (“OSC”) was established by the Legislature in 2007, in order to subject governmental financial activities to uniform, meaningful, and systematic public scrutiny.  N.J.S.A. 52:15C-1 et seq.  Among the OSC’s powers is the ability to audit, among other agencies, units of local government.

This case arose from the decision of the OSC sought to do a performance audit of the Nort