The New Jersey Law Journal reported on the tremendous win for McCarter client, Wakefern Food Corp. in relation to the decision of the New Jersey Appellate Division affirming the $12 million judgment entered in favor of Wakefern and its members trading under the ShopRite® logo from losses incurred as a result of Superstorm Sandy. Our team convinced the appellate court to uphold the unanimous jury verdict finding clients’ insurance consultant BWD Group, LLC liable for breach of contract, breach of fiduciary duty and professional negligence, having failed to advise on the property insurance policy’s deductible.
Before the verdict, Wakefern obtained a multi-million dollar award against its insurer, who had not paid Wakefern’s losses at their sales price, as its policy required. It also obtained summary judgment against that insurer, with the court ruling it could not take “make-up” credits against business insurance amounts due for Wakefern. Wakefern then settled with that insurer and another broker on a confidential basis.