Larry Bache – May 17, 2014 Florida law allows first-party claimants to recover attorneys’ fees in the event litigation is required for an insured to be made whole.1 New Jersey has a similar rule with a dramatic difference. New Jersey Rule 4:42-9(a)(6) provides: (a) Actions in Which Fee Is Allowable. No fee for legal services… Continue reading Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees
Tag: Hurricane Sandy
PSE&G Files Suit Against Insurers for Hurricane Sandy Losses
Robert Trautmann – July 28, 2013 If you are facing litigation with your insurance carrier over Hurricane Sandy damage, you are not alone. Public Service Enterprise Group, the parent company of PSE&G – the largest utility company in the state, filed suit recently against eleven insurers in Essex County, New Jersey. In the complaint, PSE&G… Continue reading PSE&G Files Suit Against Insurers for Hurricane Sandy Losses
Proof of Loss Issues in New Jersey
Robert Trautman – February 21, 2013 Thanks to Hurricane Sandy, many property owners in New Jersey are making their first ever claims on their homeowners’ or flood insurance policies. They are faced for the first time with preparing and submitting a Proof of Loss. In this post, I address the requirement for a Proof of… Continue reading Proof of Loss Issues in New Jersey
Appraisal in Flood Claims
Robert Trautmann – February 19, 2013 A topic of much debate after Hurricane Sandy is the appropriateness of appraisal when property owners and their carrier do not agree. Can appraisal address scope (coverage) as well as price? While this area of the law is still developing, courts are unfortunately leaning to a restricted interpretation of… Continue reading Appraisal in Flood Claims
New Jersey Bad Faith Claims
Robert Trautmann – February 17, 2013 In a previous post, I discussed whether Hurricane Sandy victims were also the victims of bad faith claims handling by their insurance carriers. This post will discuss what constitutes bad faith here in New Jersey. Many Hurricane Sandy victims are still waiting on their insurance carrier to processes and… Continue reading New Jersey Bad Faith Claims