Jennifer Black Strutt | McCarter & English, LLP

Jennifer Strutt is a partner in the Insurance Recovery, Litigation & Counseling practice group. She counsels a broad range of corporate and individual clients on insurance coverage matters including commercial property and business interruption coverage, errors and omissions (“E&O”) liability, directors and officers (“D&O”) liability, personal and advertising injury, and commercial general liability. Jennifer also provides advice to clients interested in assessing their potential risks and the adequacy of their existing insurance programs. In addition, she represents corporate clients involved in commercial and contractual disputes. Jennifer has experience with all phases of litigation, up to and including trial, in the federal and state courts of Connecticut. Jennifer has assisted in the recovery of hundreds of millions of dollars for clients.

Jennifer also provides pro bono legal assistance to individuals seeking asylum in the United States.

Defeated an out-of-state defendant’s motion to dismiss for lack of personal jurisdiction. We demonstrated, and the Superior Court of New Jersey in Somerset County agreed, that the defendant had many contacts with New Jersey and that the claims of our client, plaintiff Terrapin Memphis Investors, related to defendant’s many New Jersey contacts, thus allowing Terrapin Memphis’ case against its insurers and this defendant to move forward.

Represented an industrial machinery provider in litigation against a commercial property owner for its breach of a service agreement, as well as the property owner’s insurer, in order to recover amounts owed to our client for an underlying personal injury action. Recovered total amount of client’s defense costs along with an additional sum.

Represented Restaurant Law Center (RLC), appearing as amicus curiae, in an appeal to the New Jersey Supreme Court concerning insurance coverage for Coronavirus-related loss and damage. RLC argued the Appellate Division improperly disregarded Petitioner’s allegations of physical loss or damage because of the “actual presence” of Coronavirus on its property, and the Court deviated from applicable standards by rejecting scientific evidence in the absence of an evidentiary hearing. Additionally, RLC noted that “All-Risks” insurance policies provide coverage when a physical peril renders a policyholder unable to use property for its intended purpose and when such peril affects the property’s surfaces or air, as Petitioner alleged here.

Argued the cause for amici curiae in a cyber insurance recovery claim involving a multinational pharmaceutical company before the Superior Court of New Jersey Appellate Division. We convinced the Court that the war exclusion in an all-risk property policy is inapplicable to a cyberattack on a non-military company, even if it originated from a government or sovereign power. The court agreed that the exclusion’s plain language requires the involvement of military action. The insurers, therefore, were required to pay the $1.4 billion in damages under the “all-risk” policies.

Represented Product Liability Advisory Council, Inc. and the National Association of Manufacturers, appearing as amici curiae, in an appeal to the Ohio Supreme Court concerning the scope of commercial general liability insurance for manufacturers’ loss arising from tort liability claims.