Rachel Zucker

All articles by Rachel Zucker

 

Just the Fax: New Jersey Rules that Actual Property Damage is Required for Violation of the Telephone Consumer Protection Act

Proof of a violation of the Telephone Consumer Protection Act (TCPA), without corresponding evidence of either “physical injury to tangible property” or “loss of use of tangible property,” is not enough for an insured to establish that the claims against it alleged “property damage” under a CGL policy, according to the New Jersey Appellate Division’s recent decision in Penn National Insurance Company v. Group C Communications, Inc., 2018 WL 3625424 (N.J. App. Div. July 31, 2018).  In Group C Communications,
Continue reading...  

Insurance Companies May Get the Last Say Regarding Arming Teachers

Three months after the Marjory Stoneman Douglas High School shooting, and just days after the Santa Fe High School shooting, the debate continues to rage over whether the presence of armed teachers and/or officers would increase school safety, or just increase the risk of a shooting. The idea’s not new – arming teachers was the subject of serious debate after the 2012 Sandy Hook massacre, but the idea was quickly shut down in most areas by insurers.  Now, the spotlight
Continue reading...  

NY’s Highest Court Holds “Unavailability Exception” Unavailable for Pro Rata Allocation

Policyholders must pick up the tab for pollution claims in years when insurance was unavailable for those risks, the New York Court of Appeals ruled on March 27, 2018. In the closely-watched case KeySpan Gas East Corp. v. Munich Reinsurance Am., Inc., the first-impression ruling decisively decided the applicability of the “unavailability” rule in policies that mandate pro rata allocation in the context of continuous environmental contamination and other “long-tail” claims implicating many policy periods. Under standard pro-rata allocation, the
Continue reading...