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Insurance Coverage

Publications

05/16/16
05/11/16
04/13/16
04/01/16
03/31/16
02/25/16
02/23/16
02/23/16
02/22/16
02/17/16
02/16/16
02/16/16
11/11/15
11/09/15
11/04/15
11/02/15
10/21/15
10/07/15
09/25/15
09/09/15
08/25/15
05/21/15
04/13/15
3/13/15
01/29/15
01/26/15
12/10/14
12/01/14
Coverage in the Electronic Age: Insurance Coverage for Cybertorts
New Appleman on Insurance: Current Critical Issues in Insurance Law (Winter 2014)
12/01/14
Pre-Litigation Issues: The New Appleman's on Insurance
LexisNexis
11/03/14
Understanding ISO's New 2014 Cyber Insurance Endorsements
Coverage
10/20/14
09/26/14
07/02/14
06/13/14
06/03/14
06/01/14
06/01/14
05/05/14
04/11/14
03/07/14
Circuits Still Split Over Enviro Fines in Bankruptcy
Law360 Expert Analysis
01/27/14
01/27/14
12/01/13
No Right to a Jury Under the Insurance Fraud Prevention Act
Insurance Coverage Law Bulletin, Volume 12, Number 11
11/07/13
11/04/13
10/18/13
10/15/13
10/09/13
Mixed Blessing for Policyholders in Construction Defect Litigation
New Jersey Law Journal
10/02/13
September/October 2013
10/01/2013
09/27/13
09/17/13
09/13/13
08/30/13
08/28/13
07/08/13
07/01/13
Uncertainty in the Marketplace: Emerging Trends in D&O Coverage
Coverage Journal
05/31/13
04/15/13
02/28/13
02/19/13
01/03/13
12/17/12
12/13/12
Sherilyn Pastor, Co-authors Rina Carmel, Barbora Pulmanova and Nina Golden
Coverage, Vol. 22, No. 6 (Nov./Dec. 2012)
12/05/12
11/30/12
11/19/12
Fall 2012
Recoupment of Defense Costs for Noncovered Claims (With Multi-State Survey of Law on Insurer Recoupment of Defense or Settlement Costs)
Sherilyn Pastor, William T. Barker
New Appleman on Insurance - Current Critical Issues in Insurance Law
11/02/12
10/30/12
Reprinted with permission from Research Solutions, 2012 Emerging Issues Analyses 3462, at lexis.com®. CR 2009 Matthew Bender & Co., Inc., a part of LexisNexis. All rights reserved. Further reproduction without written permission of Matthew Bender.
10/29/12
10/29/12
10/29/12
09/28/12
09/17/12
Supreme Court Insurance Law: New Burden Put On Insurers’ Shoulders
Connecticut Law Tribune
09/14/12
08/30/12
08/24/12
08/10/12
This article was originally published in the August 2012 issue of New Jersey Lawyer Magazine, a publication of the New Jersey State Bar Association, and is reprinted here with permission.
08/02/12
NJ Appellate Division Upholds Assignment of Homeowner’s Policy’s Benefits
Insurance Coverage Law Bulletin, Vol. 11, No. 7
08/01/12
If Insurers Have an Alleged ‘Right’ to Reimbursement, Where Does It Come From?
Insurance Coverage Law Bulletin, Vol. 11, No. 7
07/16/12
07/01/12
Global Reference Guide Risk Management & Insurance with Global Advisor Directory, Financier Worldwide
06/19/12
VOL. 2012, NO. 118, Bloomberg BNA, World Climate Change Report
06/15/12
05/22/12
05/01/12
Addressing the Complications Arising From Coverage Settlements Involving Multiple Insureds & Insurers, and Non-Covered Parties
05/01/12
05/01/12
McCarter & English on Dealing With Conflicts of Interest Inherent in Retrospective Premium Policies
Research Solutions, 2012 Emerging Issues Analyses 6348, at lexis.com®
04/26/12
04/13/12
04/09/12
03/27/12
Reprinted with permission from Conflicting Interpretations of “Occurrence”: Lessons From the First Climate Change Liability Insurance Case, AES Corporation v. Steadfast Insurance Company, 2012 Emerging Issues Analyses 6265, at lexis.com®. Copyright 2012
03/12/12
03/08/2012
New York Courts Continue to Broaden Bad Faith Remedies
LexisNexis, 2012 Emerging Issues 6246
03/02/12
03/01/12
02/23/12
01/01/2012
The Chinese Drywall Problem
LexisNexis Emerging Issues Analysis
10/24/11
Are Your State Law Claims Preempted by Federal Law?
Connecticut Law Tribune
09/21/11
CGL Coverage for Advertising Injury: New Jersey Appellate Panel Weighs in on Blast Fax Coverage
LexisNexis Emerging Issues Analysis 5892, Research Solutions September 2011
08/12/11
Searching for Baseline
ABA Section on Environment, Energy & Resources Committee on Superfund and Natural Resource Litigation Newsletter, Volume 6, No. 2
08/12/11
The First Steps in Evaluation of Groundwater Claims: The Search for Facts
Book chapter, Litigating Toxic Tort and Hazardous Waste Claims, 119 (Thomson Reuters/Aspatore Books, 2011)
08/02/11
Insurance Coverage for Employment Litigation
Law360
07/07/11
Chinese Businesses Doing Business in the United States Should Not Overlook D&O Insurance
New York Law Journal
07/01/11
Settling Claims Involving Multiple Layers of Coverage - Where Things Stand on Actual Payment Provisions
PLI - Hot Topics in Commercial Insurance Law 2011
06/01/11
Coverage: Section of Litigation, American Bar Association, Volume 21, Number 23, May/June 2011
June 2011
Coverage for Carbon Dioxide Claims: Considering the Evolution of "Absolute" Exclusions
The Brief
05/06/11
McCarter & English LLP on Georgia Interprets Pollution Exclusion
2011 Emerging Issues 5639, LexisNexis
05/04/11
05/02/11
The Continuing Debate Over the Breadth and Limits of the Exclusion for "Water Under the Ground Surface" in First-Party Policies
Lexis Nexis Emerging Issues Analysis, 2011 Emerging Issues 5621
04/01/11
Taking Cover When Disasters Far and Near Strike: Policyholders Should Look To Their Insurance Coverage
The Metropolitan Corporate Counsel, Hot Issue Alerts, Vol. 19, No. 4
03/23/11
03/17/11
Addressing Insurance Broker Compensation Disclosure
New York Law Journal
03/17/11
03/17/11
03/01/11
Underwater? What Climate Change Means for a Loan Portfolio Near the Flood Plain
Massachusetts Banker Association
02/14/11
Insurer Insolvency Can Have A Ripple Effect
Connecticut Law Tribune
02/07/11
Nanotubes and Buckyballs: Insurance Issues Related to Nanotechnology
Bloomberg Law Reports, Insurance Law, Vol. 5, No. 2 (02/07/2011)
01/01/11
Social Media is Cutting Edge - Your Liability Policy is Not
Financier Worldwide, Global Reference Guide: Risk Management & Insurance 2011
12/27/10
12/07/10
12/02/10
Application of the Absolute Pollution Exclusion to 'Nontraditional' Pollution
Environmental Claims Journal, Volume 22, Issue 4
12/01/10
M&E Insurance Coverage Alert
12/01/10
12/01/10
The Initial Steps, Chapter in Third Circuit Appellate Practice Manual
Cynthia S. Betz and Brett D. Kahn and Andrew Berry, Esq.
2nd Edition, PBI Press 2010
11/30/10
London Market chapter
"The Reference Handbook on the Comprehensive General Liability Policy" published by the American Bar Association in November 2010.
11/15/10
Commercial Insurance Law Update From McCarter & English, LLP
11/01/10
New Jersey Court Clarifies Policyholders' Right To Recover Out-Of-State Coverage Counsel Fees
Ins. Cov. Law Bulletin, Vol. 9, No. 10
November 2010
Insurance Coverage for Greenwashing Claims: It Depends on the Packaging
LexisNexis 2010 Emerging Issues 5398
10/04/10
Pennsylvania Supreme Court Joins Growing Ranks Of Courts In American And Foreign Insurance Company v. Jerry's Sport Center, Inc. By Holding Insurer Is Not Entitled To Reimbursement Of Defense Costs
Insurance Law Community Section of LexisNexis
10/01/10
Insurance Coverage for Intellectual Property Claims and Nanotechnology Risks
Speaker, HB Litigation Conferences, Atlanta, GA
09/01/10
The Continuing Debate Over an Insurer's "Right" to Reimbursement: The Pennsylvania Supreme Court Weighs in Against Reimbursement in a Newly-Decided Case
Sherilyn Pastor, Alissa Pyrich
LexisNexis Emerging Issues Analysis, 2010 Emerging Issues 5319
08/30/10
08/23/10
08/23/10
07/28/10
High Court: Beach Replenishment in Not a Taking
Delaware Law Weekly
07/01/10
The Discovery Rulings in Pentair Water Treatment (OH) Co. v. The Continental Ins. Co.
LexisNexis® Emerging Issues Analysis, Research Solutions July 2010
07/01/10
Unpaid Summer Internships A Boon to the Bottom Line or a Complication for the Company
Metropolitan Corporate Counsel
06/24/10
06/01/10
NGM Insurance Co., et al. v. Carolina's Power Wash & Painting LLC, et al. and the Absolute Pollution Exclusion
LexisNexis® Emerging Issues Analysis, Research Solutions June 2010
06/01/10
Duty to Indemnify - Personal and Advertising Injury
NEW APPLEMAN ON INSURANCE LAW LIBRARY ED., Ch. 19
06/01/10
Insurance Coverage for Damages Arising from the Gulf Oil Spill
LexisNexis® Emerging Issues Analysis, Research Solutions June 2010
04/27/10
Commercial Insurance Law Update From McCarter & English, LLP
04/01/10
In-House Counsel: Who Has You Covered?
Insurance Coverage Law Bulletin
03/01/10
02/27/10
Coverage for Carbon Dioxide Claims: Considering the Evolution of "Absolute" Exclusions, in course materials for American Bar Association, Tort Trial & Insurance Practice Section
18th Annual Insurance Coverage Litigation Committee Mid-Year Program, Phoenix AZ
02/01/10
Chinese Drywall: What You Should Learn
Scotsman Guide
01/28/10
01/01/10
Insurance Considerations in Settling Commercial Cases
Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, Aspen Law & Business (2000, 2010)
01/01/10
12/31/09
Key Insurance Coverage Issues Associated with Chinese Drywall
December 2009 LexisNexis Emerging Issues Analysis
11/01/09
Texas Takes the Lead on Notice Disputes Under Claims-Made Liability Policies
Carriers Required to Establish Prejudice
Volume 8, Number 10
10/19/09
Commercial Insurance Law Update From McCarter & English, LLP
10/12/09
Tax Considerations in Forming a Captive Insurance Company: The Deductibility of Premiums
LexisNexis Emerging Issues Analysis #4397
10/01/09
What Does "Physical Damage" Mean When It Doesn't Work?
Coverage, Volume 19, No. 5 (Sept./Oct. 2009)
10/01/09
M&E Insurance Coverage Alert
09/24/09
Cooperative Assessment vs. Litigation of Natural Resource Damages Claims
ABA Section of Environment, Energy, and Resources 17th Annual Section Meeting, Baltimore, Maryland
09/04/09
Covering the Green Roof - With Insurance
LexisNexis - Reproduced with the permission of LexisNexis.
08/03/09
Notice and Reporting Requirements in Claims-Made and Claims-Made-and-Reported Policies: A Potential Trap for Both Courts and Policyholders
LexisNexis® Emerging Issues Analysis
08/01/09
Real-Life Resolution Strategies of Bad Faith Claims (National Business Institute)
07/01/09
New Jersey Court Rejects Application of Pollution Exclusion to Securities Claim Under D&O Policy
21-3 Environmental Claims Journal 262
06/11/09
Commercial Insurance Law Update From McCarter & English, LLP
06/01/09
Navigating Subrogation Rules: A Rough Ride for Some Additional Insureds
ABA Committee News, Business Litigation Committee Newsletter - Spring/Summer 2009
05/08/09
05/06/09
M&E Insurance Coverage Alert
05/01/09
What's Yours is Mine: Sharing Other People's Insurance
PLI - Insurance Coverage 2008: Claim Trends & Litigation
05/01/09
A Practical Guide to Litigating Natural Resource Damages Claims, (book chapter), part of an ABA publication, entitled Environmental Litigation: Law and Strategy
04/28/09
04/01/09
Reprinted with permission from Research Solutions, 2012 Emerging Issues Analyses 3462, at lexis.com®. CR 2009 Matthew Bender & Co., Inc., a part of LexisNexis. All rights reserved. Further reproduction without written permission of Matthew Bender.
03/23/09
03/01/09
Natural Resource Damages for Climate Change - An Idea Whose Time Has Not Yet Come, Part II: Climate Change NRD Claims - Get Coverage
Environmental Claims Journal
03/01/09
"The Loss of Market Exclusion: An Update from the Policyholder's Perspective"
on web under Hot Topics, Business Interruption, at the Litigation Section of the American Bar Association
02/25/09
01/14/09
Case Brief - Additional Insured Status - Briarwood Farm, Inc. v. Central Mutual Insurance Co.
Insurance Coverage Law Bulletin, Vol. 7, No. 12 (January 2009)
01/12/09
Carbon Dioxide: Harmless, Ubiquitous and Certainly Not a "Pollutant" Under a Liability Policy's Absolute Pollution Exclusion
39 Seton Hall L. Rev. 107 (2009) 
12/23/08
The Resolution of Environmental Insurance Claims: Key Issues from the Policyholder's Perspective
ALI-ABA Environmental Insurance (Course Materials 2000); (Revised and Updated 2002, 2003, 2004, 2005, 2008) Reprinted in ALI-ABA The Practical Lawyer
12/17/08
Commercial Insurance Law Update from McCarter & English, LLP
12/01/08
11/10/08
Natural Resource Damages for Climate Change - An Idea Whose Time Is Not Yet Come, Part I: NRD Claims Are Not Currently Viable under CERCLA
Environmental Claims Journal
10/28/08
09/10/08
Come to London, Stay in London
The Lawyer
08/26/08
"Sued? Ensure Your Coverage"
Scotsman Guide
08/21/08
07/10/08
M&E Insurance Coverage Alert
07/07/08
An Entire Controversy Doctrine We Can Live With
New Jersey Lawyer, vol. 17, no. 27
07/01/08
The Appointment And Use Of "Special Audit Masters" In Reinsurance Arbitrations
ARIAS Quarterly
06/01/08
Bad Faith on Both Sides of the Delaware, Litigating Bad Faith Insurance Claims
National Business Institute
06/01/08
Subprime Mortgages and D&O Insurance Coverage - Will Insurers Pay and for What? (Part 2 of 2)
Insurance Coverage Law Bulletin
05/19/08
"Recent Developments in First Party Coverage for Catastrophic Risks"
Westlaw
05/08/08
"Recent Developments in the Law Regarding the 'Absolute' and 'Total' Pollution Exclusions, the 'Sudden and Accidental' Pollution Exclusion and Treatment of the 'Occurrence' Definition"
Westlaw
05/01/08
Subprime Mortgages and D&O Insurance Coverage - Will Insurers Pay and for What? (Part 1 of 2)
Insurance Coverage Law Bulletin
02/01/08
What's Yours is Mine, What's Mine is Mine
CT Law Tribune
01/01/08
Increasing Use of Qui Tam Claims
Co-Author Gita Rothschild
ALI-ABA Mass Litigation (Course Materials 2008)
01/01/08
Trial Handbook for New Jersey Lawyers Editor
12/01/07
Excess, Surplus Lines, and Reinsurance Committee chapter for the 2007 Annual Survey edition of the Tort Trial & Insurance Practice Law Journal
11/30/07
11/01/07
"More than Floods and Wind, Louisiana Courts Continue to Get it Right on the so-called "Pollution Exclusion,"
Nicholas M. Insua with John N. Ellison
Environmental Claims Journal
10/23/07
Professionalism Perspectives 2007 Fall Newsletter
09/28/07
Insurance Coverage for Climate Change Disclosures: Are You In Good Hands?
Aspen Publishers
09/01/07
Introduction to Insurance
Appleman Insurance Law Practice Guide
09/01/07
Coverage, ABA Committee on Insurance Coverage Litigation, Vol. 17, No. 7, September/October 2007 Issue
09/01/07
"Expect Resistance To Global Warming Insurance Claims,"
Nicholas M. Insua with John N. Ellison
Executive Counsel
08/22/07
08/01/07
Tort, Trial & Insurance Practice Section/ABA - Life Insurance Law Comm. Newsletter - Casenote
07/09/07
06/15/07
06/04/07
Time To Say Bye Bye Burd, Make Insurers Fund Policyholders' Defenses Contemporaneously
NJ Law Journal
04/23/07
Misplaced Trust and Stolen Identities: Protecting Consumers and Minors as They Use the Internet
American Corporate Counsel Docket
04/03/07
U.S. Supreme Court Rejects EPA on Climate Change, Carbon Dioxide a Pollutant under Clean Air Act
McCarter & English Alerts
02/05/07
"Total Cessation' Hurdle in Business Income Insurance,"
Nicholas M. Insua with Richard P. Lewis
New York Law Journal
01/01/07
Opinion Testimony by Lay Witnesses (FRE 701) and Bases of Opinion Testimony by Experts (FRE 703)
Co-Author Gita Rothschild
ALI-ABA Opinion and Expert Testimony in Federal and State Courts (Course Materials 2005)
01/01/07
"Business Income Loss Issues Catastrophes"
Nicholas M. Insua with Richard P. Lewis
The John Liner Review
01/01/07
"Business Interruption And Extra Insurance-What to Do When A Loss Affects Your Business"
Nicholas M. Insua with Paul E. Breene and Richard P. Lewis
Corporate Counsel
12/01/06
"Business Income Insurance: Can The Actions of The Insurance Company Serve To Extend The Period of Restoration?"
Nicholas M. Insua with Richard P. Lewis
Andrews Insurance Coverage Litigation Report
11/15/06
The Devil is in the Details: Nuances of Electronic Documents
The Florida Bar News at 20
11/01/06
Holding Attorneys Accountable for Building a Practice
Managing Partner USA, Vol. 1, No. 4
09/01/06
Before You Take A Sip: Some Key Differences Between OCIPs and CCIPs
American Bar Association's Self-Insurers and Risk Managers Newsletter
07/01/06
"Whose Law is it Anyway? Thinking Critically About Choice-of-Law Questions for Additional Insureds"
riskVue
07/01/06
Dealing with Insurers in Liquidation
The Insurance Coverage Law Bulletin, Vol. 5, No. 6 and LJN's Equipment Leasing Newsletter, Vol. 25, No. 8
06/01/06
An Overview of New Jersey's Natural Resource Damages Initiative
NATURAL RESOURCE DAMAGES & Environmental Claims Report
05/15/06
Take Cover Newsletter
McCarter & English Newsletters
05/01/06
04/01/06
Is Expert Extrapolation In Construction Defect Cases Sufficiently Reliable?
Mealey's Litigation Report: Construction Defects
03/01/06
Is Your Business Prepared for an Avian Flu Outbreak?
Commerce Magazine
02/01/06
Electronic and Computer Crime Policy Covers A Client's Fraudulent Instruction
Ins. Cov. Law Bulletin, Vol. 5, No. 1 (Feb. 2006)
01/01/06
"Get Sharp on Business Interruption Insurance"
Nicholas M. Insua with John N. Ellison
The Journal of South Mississippi Business
01/01/06
Insurer Must Defend Home Builder for Defective Construction Regardless of Whether Complaint Alleges Water Damage During Policy Period
Ins. Cov. Law Bulletin, Vol. 4, No. 11A
01/01/06
"The Restatement (Second) of Contracts as a Useful Tool for Addressing Common Insurance Law Issues"
Nicholas M. Insua with Matthew J. Delude
Connecticut Insurance Law Journal
01/01/06
On the Hook for Bogus Claims: Investigations into Alleged Fraudulent Screening of Asbestos/Silica Claims
Mealey's 4th Annual Advanced Insurance Coverage Conference: Top 10 Issues
12/01/05
"2.4 Million Verdict Reinstated Against Corporation Retained to Perform Insurance Services"
Nicholas M. Insua with John N. Ellison and Timothy Law
The Insurance Coverage Law Bulletin
12/01/05
Policyholder’s Alleged Negligence Is Not An “Independent Cause” of Its Loss and Does Not Void Its Coverage Under Banker’s Blanket Bonds
Ins. Cov. Law Bulletin, Vol. 4, No. 11
11/01/05
New Jersey’s Verbal Threshold Standard Clarified, at Least for Now
The Insurance Coverage Law Bulletin, Vol. 4, No. 10
10/31/05
New Jersey Takes On Identity Theft
New Jersey Law Journal
10/25/05
A New Settlement Tool
New Jersey Law Journal
10/01/05
Appleman On Insurance 2d, Insolvency, Liquidation & Rehabilitation
Vol. 26, 2005
08/01/05
Mold Spore Counting: Is It Admissible Science?
DRI, For the Defense
06/01/05
Absolute Pollution Exclusion Applies Only to Traditional Environmental Pollution Claims
The Insurance Law Bulletin, Vol. 4, No. 5
05/24/05
Natural Resource Damages Overview, Program Moderator
Presented by Cook College, New Brunswick, NJ
05/01/05
Vendor's Endorsements: How Much Protection Do They Provide in Light of Judge Posner's Hartford Decision?
05/01/05
The Use (and Misuse) of Differential Diagnosis and Differential Etiology in Establishing Causation in Toxic Tort and Construction Defect Cases
Mealey's Litigation Report: Mold (May 2005)
05/01/05
"Zurich American Insurance Co. v. ABM Industries, Inc.: A Significant Victory for Policyholders Nationwide Seeking Insurance Coverage for Loss of Business Income and Other First-Party Exposures"
Nicholas M. Insua with John N. Ellison and Richard Lewis
Corporate Counsel
04/01/05
Insurance for Biotech Companies
BioPharm International
04/01/05
"Bermuda Policies' So-Called 'Pollution Exclusions' May Not Bar Coverage for Liabilities Arising from Product Defects and Claims Involving Production Practices"
Nicholas M. Insua with John N. Ellison
Environmental Claims Journal
04/01/05
Insurers' Rights to Recoup Defense Costs
The Insurance Coverage Law Bulletin, Vol. 4, No. 3
01/10/05
Firms with Anti-Terrorism Expenses May Be Overlooking Valuable Insurance Coverage
01/07/05
Landmark U.S. Supreme Court Superfund Decision Will Affect Insurance Claims: But The Question Is How And How Much?
LexisNexis MEALEY’S Emerging Toxic Torts
01/01/05
An Overview of Current Trends in New Jersey Third-Party Bad Faith Law
Co-Author Gita Rothschild
ALI-ABA Environmental Insurance (Course Materials 2005)
01/01/05
NY Federal Court Holds Leaded Dust Losses Not Barred By CGL Policy's Pollution Exclusion
Insurance Coverage Law Bulletin, Vol. 3, No. 12
01/01/05
Opening Statements: A Baker's Dozen
Defense Research Institute Drug and Medical Device Seminar (Course Materials 2005)
12/01/04
Science Fiction and Science Fact: Recent Developments in Mold Litigation and What They (Should) Portend
10/01/04
Reverse Risk Transfer: Insurers Seeking Reimbursement of Defense Costs From Their Policyholders
Commercial Damages Reporter, (reprinted in part AIA Connecticut News, 14 (Winter 2005-06)
09/01/04
Handbook of Civil Practice in the Courts of New Jersey, "Case Management and Pretrial Matters" chapter
Sherilyn Pastor, Andrew J. Rothman
George T. Bisel & Co.
08/01/04
Insurers Compelled to Produce Reinsurance and "Other Policyholders' Claims" Information
Insurance Coverage Law Bulletin, Vol. 3, No.7
07/01/04
NJ Takes the Lead on Another Environmental Coverage Issue: Allocation Choice-of-Law
The Insurance Law Bulletin, Vol. 3, No. 6
06/01/04
Indiana Court of Appeals Rejects Primary Insurers' Invocation of "All Sums" Rule When Allocating Loss Among Triggered Policy Years
The Insurance Law Bulletin, Vol. 3, No. 5
05/01/04
Take Cover!
Insurance Group
A Newsletter Published by McCarter & English's Insurance Coverage Group
04/01/04
Insurer Obligated to Defend CEO Until Court Permits Rescission
The Insurance Law Bulletin, Vol. 3, No. 3
04/01/04
Directors & Officers Insurance and Bankruptcy- Whose Insurance Policy Is It Anyway?
Metropolitan Corporate Counsel
03/15/04
Advertising Injury Coverage for Cyber-Risks
National Law Journal, (reprinted Findlaw.com, March 2004)
01/01/04
Misappropriators, Tippees and the Intent-to-Benefit Rule: What We Can Still Learn From Cady, Roberts
35 Seton Hall Law Review 263
January 2004
The New Jersey Civil Practice Handbook
Attorneys Fees and Costs Chapter
01/01/04
Chapter Section on Witness Preparation; Preparing Lawyers for Deposition and Trial Testimony
10/01/03
Tort, Trial & Insurance Practice Section/ABA - Life Insurance Law Committee Newsletter - Casenote
09/01/03
Impact of Recent New Jersey Supreme Court Decisions on Employer Liability and Insurance Coverage in Civil Suits for Employees Injured by Industrial Machinery
McCarter & English Newsletters
07/01/03
The Sun Rises Again on Broker 'Shortfall Damages' Disputes
Coverage Magazine
06/10/03
Recovery Of Natural Resource Damages Under Comprehensive General Liability Policies
Ira M. Gottlieb and Keith E. Lynott, Kelly A. Williams
Mealey's Litigation Reports: Insurance, Vol. 17, No. 3 (June 10, 2003); Metropolitan Corporate Counsel (July 2003); ABA, Section on Environment, Energy & Resources, Committee on NRD Litigation Newsletter, Vol. 1, Issue 2 (August 2004).
06/01/03
Insurers Must Pay Reasonably Estimated, Future Asbestos Losses
Findlaw.com
06/01/03
Stub Insurance Policies: Are You Getting What You Pay For?
Commerce Magazine
06/01/03
Trademarked and Service Marked Title Coverage Encompasses More Than Names of Literary Works
Findlaw.com
04/01/03
NJ Supreme Court Holds That Non-Cumulation Clauses Cannot Apply to the Allocation of Long-Tail Claims
Findlaw.com
04/01/03
Pennsylvania Court Rules Carbon Monoxide is a Pollutant
Findlaw.com
03/01/03
CCA-Treated Wood Litigation is Increasing: Do You Know Who Your Insurers Are?
The Lumber Co-Operator
03/01/03
"Cover Up Your Toxic Exposure"
Nicholas M. Insua with John N. Ellison and Richard Lewis
Coverage, at 18-28
02/01/03
Voluntary Full-Body CT Screening, To Screen or Not to Screen, Some Legal Considerations
J. Wylie Donald, Roger Shaw
31 Health Physics News
01/01/03
"Navigating the Bermuda Triangle: Why Extrinsic Evidence is Admissible in Foreign Arbitrations Governed by New York Law"
Nicholas M. Insua with John N. Ellison and Richard Lewis
Corporate Counsel
01/01/03
Stub Policies: In For a Penny, In For a Pound
Environmental Claims Journal
01/01/03
The Growing Specter of CCA-Treated Wood Litigation and the Inevitable Insurance Coverage Issues
Mealey's Arsenic and CCA Reporter, Volume 1, Issue No. 1
12/01/02
The CPSC Duty to Report: Triggered by Pre-Acquisition Due Diligence?
Prod. Safety & Liability Reporter (BNA)
12/01/02
"Attorney-Client Privilege in Bad Faith Cases: The Policyholders' Perspective"
Nicholas M. Insua with John N. Ellison and Timothy Law
Insurance Coverage Law Bulletin
12/01/02
An Overview Of The Terrorism Risk Insurance Act Of 2002
Mealey’s Litigation Reports: Insurance, Vol. 17, No. 7; (reprinted Mealey’s Emerging Insurance Disputes, Vol. 7, No. 24; Mealey’s Business Interruption: Insurance, Vol. 2, No. 1
11/01/02
Insurance Basics for Long Term Care Facilities
10/01/02
"Liability Insurance Coverage For Mold and Other "Sick Building Syndrome" Claims"
Nicholas M. Insua with John N. Ellison
Corporate Counsel
09/01/02
"The Increasing Number of Toxic Mold Claims and How Insurers Are Responding"
Nicholas M. Insua with John N. Ellison
Law Journal Newsletters/Insurance Coverage Law Bulletin - Trends
09/01/02
Stub Policies: In for a Penny, In for a Pound
Environmental Claims Journal/Vol. 14, No. 4
03/01/02
The Insurance Crisis for Long Term Care Facilities: Where To Go Next
Mealey's, Emerging Insurance Disputes
02/12/02
The Decline Of The So-Called 'Absolute' Pollution Exclusion
Mealey's Litigation Report, Vol. 16, #14
02/01/02
"Insurance Companies and Environmental Liabilities"
Nicholas M. Insua with John N. Ellison
Pollution Engineering, 26-28
01/01/02
"Getting a New Grasp on the Mend-the-Hold Doctrine"
Philadelphia Legal Intelligencer
01/01/02
Guide to Environmental & Mass Tort Insurance Law, Trigger and Allocation Considerations for Long-Tail Injury Claims under New Jersey Law
12/01/01
The Whistleblower Implications of Radiation Injury Lawsuits: Lessons Learned from In Re McCafferty
The Radiation Safety Journal
10/01/01
Vermont Senator Patrick Leahy Looks Back at Concerts, Songs and Unlikely Meetings of Politicians and Jerry Garcia
Relix.com
07/01/01
Ballard v. Fire Ins. Exchange: Court Properly Excluded Expert Testimony on Personal Injury Claims
Mealey's Litigation Report: Mold
07/01/01
"Stick to the Story" Enforcing Insurance Companies' Duty to Investigate in Good Faith"
Nicholas M. Insua with John N. Ellison
Coverage, at 17-21
05/01/01
Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation - Expected or Intended/Trigger of Coverage
Mealey’s Litigation Reports: Mold, Vol. 1, No. 5
04/01/01
"Untapped Insurance Coverage for Asbestos Liabilities"
Nicholas M. Insua with John N. Ellison and Robert Chung
Corporate Counsel
04/01/01
Builders, Subcontractors And Architects: Finding Insurance Coverage For Mold Litigation -- Business Risk Exclusions
Mealey’s Litigation Reports: Mold, Vol. 1, No. 4
03/01/01
Builders, Subcontractors and Architects: Finding Insurance Coverage for Mold Litigation
01/01/01
A Multi-Family Owners' Guide to Handling Mold Claims and Litigation
Anthony Bartell, Judith Steinman
12/01/00
Practicalities of Unpublished Decisions
New Jersey Law Journal
09/01/99
"Pogma, Paradigm, and the Uniform Commercial Code: Sons of Thunder v. Borden Considered"
01/01/98
Developments in State Constitutional Law: 1997 - Local Government
Rutgers Law Journal, 29 R.L.J. 1427
03/01/96
Lawyers Surfing the Internet
The Chronicle, Vol. XXII, Issue V
01/01/96
Review Essay: The Maelstrom of Lloyd's of London: Is it Sink or Swim for Policyholders?
26 Seton Hall L. Rev. 1392
04/01/95
The "Concurrent Cause" Theory: Inapplicable to Environmental Liability Coverage Disputes
A.B.A. Tort & Ins. L.J.
02/28/95
Liability Insurance ‘Trigger’ And ‘Allocation’ For Continuous Occurrence Decided - - At Least For Now: Owens-Illinois, Inc. v. United Ins. Co.
Mealey’s Litigation Reports: Insurance, Vol. 9, No. 16
01/01/95
Book Review: New Jersey Dispute Resolution: A Lawyer's Guide to State and Federal Court Programs
47 Rutgers L.J. 965
01/01/91
Double Your Money, Double Your Fun: Bringing and Defending Claims for Excess Liabilities Arising Out of Insurers' Refusals to Settle
Barbara K. Gotthelf, Jill A. Douthett
Litigating the Coverage Claim, Tort and Insurance Practice Section, ABA