This case involves a putative class action for Covid-19 business interruption loss coverage. Plaintiff sued for breach of contract after coverage was denied, and later…
Category: NJ – Bifurcate/Sever & Stays
This post summarizes two bad faith opinions issued by New Jersey District Judge Hillman in September. CASE 1 – FIRST PARTY PROPERTY BAD FAITH CLAIM…
New Jersey Magistrate Judge Edward Kiehl recently severed and stay a bad faith claim, from the underlying coverage claim. Quoting precedent, he applied the following…
This New Jersey federal case involved breach of contract and bad faith claims. The carrier successfully moved to sever and stay the bad faith claims.…
Today’s post gives insurers some practical guidance on how to address dismissal of a stayed bad faith claim, upon the court’s determining no coverage is…
ALL FACTORS FAVORED SEVERANCE AND STAY OF BAD FAITH CLAIM UNDER FEDERAL RULE 21 (New Jersey Federal)
In this first party coverage and bad faith case, the court granted the insurer’s motion to sever and stay the bad faith claim. The insured brought…
The defendant excess insurer was not notified of the claim and suit until after a jury verdict had been rendered. It denied coverage. The insured’s…
The insurer brought a declaratory judgment action seeking a finding of no coverage and to void the policy. The insured counterclaimed for declaratory judgment, breach…
The carrier successfully moved to sever and stay plaintiff’s bad faith claim. The case involved a CGL policy, and the carrier’s refusal to defend and…
Plaintiff was the beneficiary of a $1 Million life insurance policy. The carrier declined to pay benefits, and she brought 3 claims: (1) a declaration…