The New Jersey Insurance Fair Conduct Act Means Big Changes for NJ Auto Insurers
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Brian E. O’Donnell
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Lance J. Kalik
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Glenn D. Curving
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Michael P. O'Mullan
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Anthony J. Zarillo, Jr.
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Tracey K. Wishert
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Michael J. Rossignol
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Maura C. Smith
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Jeffrey M. Beyer
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Peter M. Perkowski, Jr.
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Caroline Brizzolara
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Anne M. Mohan
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Marcia Miller Wefelmeier
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Brooks H. Leonard
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Casey A. Boyle
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Craig M. Terkowitz
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Cara Vecchione
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Jeffrey A. Beer, Jr.
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Key Takeaways
- On January 18, 2022, Governor Phil Murphy signed into law the New Jersey Insurance Fair Conduct Act (the “Act”).
On January 18, 2022, Governor Phil Murphy signed into law the New Jersey Insurance Fair Conduct Act (the "Act"). The Act takes effect immediately and represents a significant change in the law governing the conduct of automobile insurers in New Jersey.
The Act establishes a private cause of action for claimants who are injured in a motor vehicle accident and who are entitled to uninsured ("UM") or underinsured motorist ("UIM") coverage. Under the Act, a claimant may file a lawsuit against an insurer for: "1) an unreasonable delay or unreasonable denial of a claim for coverage or for payment of benefits; or 2) any violation of the provisions of section 4" of a separate statute, the New Jersey Unfair Claims Settlement Practices Act (N.J.S.A. 17:29B-4), which governs unfair methods of competition and unfair and deceptive acts or practices.
Case law in New Jersey had previously held that there was no private right of action for violations of the Unfair Claims Settlement Practices Act, but the Act now creates a private right of action for such violations. The Unfair Claims Settlement Practices Act sets forth various prohibited practices, such as failing to acknowledge and act reasonably promptly upon communications concerning claims, failing to adopt and implement reasonable standards for the prompt investigation of claims, failing to pay claims without a reasonable investigation, and attempting to settle a claim for less than the amount to which a reasonable person would have believed based on advertising material accompanying the application.
The new Act further notes that "the claimant shall not be required to prove that the insurer's actions were of such a frequency as to indicate a general business practice." If the plaintiff establishes that the insurer violated provisions of this Act, plaintiff is entitled to: "1) actual damages caused by the violation of this act which shall include, but need not be limited to, actual trial verdicts that shall not exceed three times the applicable coverage amount; and 2) pre- and post-judgment interest, reasonable attorney's fees, and reasonable litigation expenses." In addition, the Act prohibits rate increases as a result of compliance with the Act, but allows the Commissioner of the Department of Banking and Insurance to make certain rate adjustments, and forbids the dissemination of inaccurate or misleading information about the Act to policyholders or consumers.
Notably, the Act is limited to claimants who are entitled to UM/UIM coverage under automobile insurance policies. The Act leaves many questions unanswered, which we anticipate will be the subject of future litigation. For example:
- The Act does not define what constitutes an "unreasonable delay" in paying benefits or what constitutes "unreasonable denial" of a claim and whether this standard is the same as New Jersey's existing standard for first-party bad faith as established in Pickett v. Lloyd's, 131 N.J. 457 (1993), which New Jersey courts subsequently applied to UM/UIM claims;
- The Act does not specify whether the law will be applied to claims made prior to the Act's effective date;
- The Act does not specify whether the cap on damages is restricted to three times the UIM coverage limits as stated in the policy, or the net limit accounting for any credit the UIM carrier is entitled to receive for the tortfeasor(s) liability coverage; and
- The Act does not specify the plaintiff's burden of proof.
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Brian E. O’Donnell
Brian E. O’Donnell is a seasoned litigator whose expertise in handling complex commercial matters makes him counsel of choice for clients seeking effective solutions to significant legal problems. Co-Chairman of Riker Danzig and Co-Chair of its Insurance and Reinsurance Group, Brian has successfully resolved a variety of complex matters including high stakes reinsurance and insurance coverage disputes, class action products liability lawsuits and government investigations of insurance and financial regulatory matters. Such matters typically involve a daunting level of technical detail, complex legal issues and material exposure. But when Brian takes on one of these cases, he strives to cut through the minutiae and focus the matter on the core issues that best support his client’s interests. He has found that using the evidence to tell his client’s story in a succinct, straightforward manner is the only way to be successful in such matters. Brian’s reputation for effectively handling such complex commercial matters is evidenced by the top AV rating given to him by the peer-reviewed Martindale-Hubbell lawyer directory. It is a reputation that extends internationally, with clients based throughout the United States, the United Kingdom and Bermuda. He has successfully represented clients in many significant, multi-million dollar litigations. These include his representation of: • An international electronics firm, in defense of a putative nationwide class action lawsuit alleging violations of the New Jersey Consumer Fraud Act, misrepresentation and breach of implied warranty relating to the sale of refrigerators; • A domestic insurance pool manager and its insurance company affiliates, in court and arbitration proceedings to obtain reinsurance for more than $108 million in aviation losses arising out of the September 11, 2001 terrorist attacks at the World Trade Center; • A large domestic insurer, in a declaratory judgment action concerning insurance coverage for numerous putative class action lawsuits filed against a major electronics corporation and its affiliates, arising from certain high-profile cyber attacks against these companies’ international gaming networks, which allegedly resulted in unauthorized access and theft of customers’ personal identification and financial information; • A large, financially distressed domestic insurer, in connection with the sale and transfer of large institutional blocks of automobile liability and workers’ compensation business, which involved the negotiation and consummation of novation and assignment agreements that resulted in the release of $107 million in security; • A domestic steel railcar axle manufacturer, in connection with its defense of product liability claims arising out of the derailment of two trains, including a 106-car oil tanker train, which resulted in an oil spill and explosions that caused more than $6 million in property damage; • A domestic automobile seat manufacturer, in connection with its favorable settlement of a multi-million lawsuit by a severely injured drunk driving victim alleging product liability and personal injury claims; • The senior management team of an off-shore reinsurance company involved in various U.S. government investigations of finite risk reinsurance transactions; • An out-of-state limited liability company, in connection with a proposed investment transaction involving structured financing backed by annuities, personal guarantees, assignments of life insurance policies and certain other insurance policies; • The Texas Department of Insurance, in an arbitration on behalf of the estate of a large, insolvent insurer, seeking to recover approximately $39 million in indemnification for losses incurred in connection with a “reverse flow” reinsurance arrangement; • London market reinsurers, in defense of multi-million dollar claims by domestic cedents seeking bad faith damages in connection with asbestos losses; and • A domestic cedent, in a reinsurance arbitration involving the application of an absolute pollution exclusion and the follow-the-fortunes doctrine, which resulted in an award worth more than $20 million. Brian’s clients have included, among others, Alterra Reinsurance USA, Inc., American Centennial Insurance Co., American Income Life Insurance Company, British Insurance Company of Cayman, Catalina London Limited, Chubb Group of Insurance Companies, Delta Lloyd Insurance Company Limited, Enstar (E.U.) Limited, Enstar US, Inc., Enstar Group Limited, Excess Insurance Company Limited, Global Reinsurance Corporation of America, Globe Life And Accident Insurance Company, the Kemper Insurance Companies, Harper Insurance Limited, Highlands Insurance Company, in Receivership, the Highlands Insurance Group, Inc., Hudson Reinsurance Company Limited, LG Electronics, USA, Inc., Markel Corporation, the Mitsui Sumitomo Insurance Group, National Casualty Company, National Casualty Company of America Limited, New Jersey Manufacturers Insurance Co., PMA Capital Corporation, ProSight Specialty Management Company, Inc., Seaton Insurance Company, Sentry Indemnity Company, Sharp Electronics Corporation, Sphere Insurance Company Limited, Standard Steel, LLC, Stronghold Insurance Company Limited, the Superintendent of Financial Services of the State of New York as Liquidator of Cosmopolitan Insurance Company and Ideal Mutual Insurance Company, TIG Insurance Company, Toa Reinsurance Company of America, and United National Insurance Company. Brian has been named a Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society. Fellows are selected and invited into Fellowship after being evaluated for effectiveness and accomplishment in litigation and trial work, along with ethical reputation. He has also been included in the Diversity Law Institute and the Trial Law Institute. Brian is a member of ARIAS U.S., the Federation of Defense and Corporate Counsel and the Professional Liability Underwriting Society. Best Lawyers in America®, a peer review of U.S. lawyers, has included Brian on its Best Lawyers list in the field of Insurance Law since 2007. Chambers & Partners has included him in Chambers USA: Americas Leading Lawyers for Business for Insurance Litigation since 2010. Brian is commended as being “very good at managing cross-border cases and keeping things moving," offering both policyholders and insurers “his expertise in a wide array of insurance-related disputes.” He is described as capable of “handling the most complex matters,” and is well regarded for his broad insurance litigation practice which includes acting on high-value insurer insolvency disputes and insurance coverage claims. The Guide notes his “great blend of technical strength and commercial awareness,” "understanding of clients' needs" and “fantastic negotiation skills.” Clients also described him as an "experienced litigator who comes across with authority in front of arbitration panels" and "exhaustive in his analysis and always up to speed on the work that needs to be done." The Guide also praises him for the “ability to build a close rapport with all his clients.” Brian has been named to the Who's Who Legal: Insurance & Reinsurance list in 2017 as one of the world's leading practitioners in this field. Thomson Reuters has included him on New Jersey's Super Lawyers list for Business Litigation and Insurance Coverage since 2006. See Awards and Honors Methodology.
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Lance J. Kalik
Lance J. Kalik started his legal career at Riker Danzig in 1994 and became a partner in 2003. He has been Co-Managing Partner of the Firm since 2017, and Co-Chair of its Insurance and Reinsurance Group since 2014. Lance builds long-term relationships with his clients, who value his skills as a litigator, his insight into the substantive areas of law, and his practical approach to solving complex and difficult problems. Lance’s clients often go to him for their most challenging and important cases. With his vast experience built over 25 years at the Firm, Lance provides his clients with a no nonsense approach that helps them reach closure of disputes in the most economic feasible way. When a settlement is not possible, however, Lance is frequently able to obtain winning results as demonstrated by his notable experience as a trial attorney and appellate lawyer. Lance is a litigator, and represents a wide variety of clients. Most of his practice is devoted to representing insurers in complex coverage and bad faith lawsuits across the U.S. A significant amount of his practice also involves representing attorneys in legal malpractice disputes. Lance’s practice is even more varied, as he recently represented a chemical company in a dispute under the Consumer Fraud Act, a technology company in a dispute over software development, and a proposed class of municipalities and school districts in a class action over defective turf fields. Previously, Lance has handled cases involving insurance agency malpractice suits, small business dissolution lawsuits, environmental liability cases, and construction defect disputes. Lance has also been qualified by a trial court to serve as an expert in a legal malpractice dispute. Lance has argued extensively in State and federal courts and most frequently in New York and New Jersey. He has handled numerous trials and appeals, and the list below is representative of his cases that have resulted in published decisions. He also has considerable experience in arbitration and mediation proceedings. The New Jersey Supreme Court has appointed Lance to several committees, and he has previously served on the Ad Hoc Committee on Attorney Malpractice Insurance, the Unauthorized Practice of Law Committee, and the District 13 Ethics Committee. Since 2017, Chambers & Partners has included Lance in its Chambers USA: America’s Leading Lawyers for Business Client’s Guide for Insurance Litigation. A Chambers source praises Lance as “one of the best lawyers I know. His responsiveness, subject matter expertise and efficiency are second to none." He is noted as a respected insurance litigator who is described by sources as a “top-notch coverage lawyer,” who praise his “depth and breadth of experience.” In 2015, Lance received the Anti-Defamation League’s Sidney Wilf Distinguished Leadership Award. He was awarded the 2014 Client Choice Award by Lexology, and was the only recipient of the award for Insurance and Reinsurance in New Jersey. In 2006, the New Jersey Law Journal named Lance one of the state’s “40 Under 40” worth watching for their impressive achievements. Best Lawyers in America®, a peer review of U.S. lawyers, has honored Lance on its Best Lawyers list in the fields of Commercial Litigation and Insurance Law since 2007. Thomson Reuters has included Lance on its “Super Lawyers” list for General Litigation since 2006. In addition, Lance has been recognized on the "Super Lawyers Top 100" List since 2019, a list of those lawyers rated the most highly following Thomson Reuters' independent research and evaluation. See Awards and Honors Methodology.
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Glenn D. Curving
Glenn D. Curving believes that many legal disputes are better solved by practical means than by standard litigation tactics. As an example, he offers his involvement in a case stemming from a tragedy in which Glenn was retained to represent a parent who had been sued for allegedly failing to supervise and control the actions of her son. Typically, lawyers instruct their clients not to say anything publicly in such controversial matters. But when the client told Glenn of her heartfelt remorse over what had happened, he decided that it would be appropriate in this instance to issue a press release expressing her regret and sorrow. Later, after Glenn's client was voluntarily dismissed from the case, opposing counsel told Glenn that the apology had played a large part in their clients' decision not to pursue the case against his client. It was a good example, he says, of his philosophy: "I try to come up with practical and cost-effective approaches rather than taking the knee-jerk, by-the-book means of litigating a case." A good share of Glenn's practical practice is focused on complex, controversial, or novel insurance litigation, including coverage work and extra-contractual claims. The bulk of Glenn's work is general litigation, with a strong emphasis on insurance coverage, insurance defense and commercial disputes. He is also well-known for his expertise in professional-liability litigation and resolving disputes between partners and shareholders. Thomson Reuters has included Glenn on the New Jersey "Super Lawyers" list for Professional Liability Defense and Insurance Coverage since 2009. Additionally, Best Lawyers in America®, a peer review of U.S. lawyers, has listed him on their "Best Lawyers" list in the field of Commercial Litigation since 2007. See Awards and Honors Methodology.
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Michael P. O'Mullan
Michael P. O’Mullan is a partner in the Firm’s Commercial Litigation Group, where he helps clients navigate a wide range of complex business and commercial disputes. He is a focused litigator who doesn’t lose sight of practical solutions that meet clients’ needs. For more than two decades, Mike has represented clients in the state and federal courts of New Jersey, New York and across the country, including in class actions and coordinated multidistrict litigation. He also has experience in alternative dispute resolution, including arbitration and mediation.
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Anthony J. Zarillo, Jr.
Anthony J. Zarillo, Jr. is a partner in the Firm’s Insurance and Reinsurance Group and Litigation Department. Tony practices in both the Firm’s Morristown and New York offices. Representation of clients in insurance industry matters has been a large part of Tony’s practice over two decades and includes both insurance coverage counseling and litigation. He has extensive experience representing clients in connection with both first and third-party coverage disputes. Tony also handles bad faith and unfair claims practices litigation involving policyholders, primary and excess insurance carriers. His insurance industry experience includes the representation of insurance companies, and other clients in matters involving insurance brokers, agents and other insurance intermediaries and regulatory agencies. Tony’s litigation experience extends to all manners of complex commercial and business disputes, including contract, warranty, antitrust and errors and omissions lawsuits. His litigation practice also includes the defense of personal injury lawsuits. Tony also represents clients and receives court appointments as counsel, guardian and administrator in various probate and estate matters. Tony’s role as counselor has extended to service as general counsel to a New Jersey county municipal utilities authority. Tony earned his law degree from Georgetown University, where he served as Assistant Business Editor of the Georgetown International Environmental Law Review. He received his B.A., magna cum laude, from Boston College. Tony is admitted to practice in New Jersey, the District of Columbia and New York, and before the United States Supreme Court, the United States District Courts for the District of New Jersey, the District of Columbia, and the Eastern and Southern Districts of New York and the United States Courts of Appeals for the Second, Third and District of Columbia Circuits. Tony is a member of the New Jersey State, New York State, and Morris County bar associations. He is also a member of the Federation of Defense and Corporate Counsel and the Defense Research Institute. Tony is rated AV Preeminent® by Martindale-Hubbell® Peer Review Ratings™, the highest ranking available. Best Lawyers in America®, a peer review of U.S. lawyers, has included Tony on its Best Lawyers list in the field of Insurance Law since 2018. Thomson Reuters has included Tony on its “Super Lawyers” list for Insurance in 2006, 2007, and 2011 - 2021. See Awards and Honors Methodology.
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Tracey K. Wishert
Tracey K. Wishert is a partner in the Firm’s Insurance and Litigation Groups, focusing her practice on insurance coverage and insurance defense matters. She regularly advises clients on a variety of coverage and indemnity issues, including complex insurance allocation, additional insured coverage, and bad faith. She has experience in all aspects of litigation in matters involving construction defect and construction injury claims, premises liability, professional liability, and Fair Debt Collection Practices Act liability. Tracey graduated cum laude from Fordham University School of Law where she was the Writing and Research Editor of the Fordham Urban Law Journal and a member of the Federal Litigation Clinic. Best Lawyers in America®, a peer review of U.S. lawyers, has included Tracey on its Best Lawyers list in the field of Insurance Law for 2022, 2021 and 2020. Thomson Reuters has included Tracey on New Jersey’s "Super Lawyers" list for Insurance Coverage, Professional Liability and General Litigation since 2018. Prior to that, Tracey received regular recognition by Thomson Reuters on the list of New Jersey’s “Rising Stars” for Insurance Coverage from 2009 - 2017. See Awards and Honors Methodology.
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Michael J. Rossignol
Michael (Mick) J. Rossignol, Partner in the Firm’s Insurance and Reinsurance and Litigation Groups, has over three decades of experience in both insurance coverage counseling and litigation, and in insurance defense. His practice includes counseling insurers regarding all manner of coverage issues under primary, excess, and umbrella policies, including choice of law/conflicts of laws, additional insured claims, priority of coverage and allocation of coverage, among many others. Mick’s experience includes first-party coverage claims, and third-party coverage claims in diverse settings, such as New York Labor Law, Child Victim (Survivor) Acts, construction defect, personal injury, property damage, insured contract and indemnification, and bad faith. He also handles a variety of defense matters, including construction defect, personal injury, and contract claims. Mick practices out of the Firm’s New York and New Jersey offices. Mick began his career as a summer associate and then associate attorney at Riker Danzig for six years after graduating law school. He then spent fifteen years as in-house counsel with The Hanover Insurance Group before returning to private practice for four years as a partner in another New Jersey firm, and thereafter returning to Riker Danzig in 2015. During his entire career, Mick has concentrated in the areas of insurance coverage and insurance defense. Mick is a member of the Defense Research Institute and the New Jersey State Bar Association. He is an original and continuing member of the NJSBA’s Insurance Defense Committee, and previously served on the New Jersey Supreme Court District VIII Ethics Committee. Thomson Reuters has included Mick on New Jersey’s “Super Lawyers” list for Insurance Coverage Law for 2020. See Awards and Honors Methodology.
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Maura C. Smith
Maura C. Smith is a partner in Riker Danzig’s Insurance and Reinsurance Group, with particular expertise in insurance litigation. Maura represents insurance company clients in coverage litigation, bad faith litigation, and insurance defense litigation of virtually all types. In addition, Maura has extensive experience in the Cyber Liability area. She regularly counsels clients regarding sensitive electronic security breaches, compliance obligations with cybersecurity and data privacy laws and regulations, and cyber insurance coverage. Maura earned her undergraduate degree, cum laude, from the University of Pennsylvania in 2003, and her J.D., magna cum laude and Order of the Coif, in 2006 from the University of Pennsylvania Law School. She served as a Law Clerk to the Honorable Michael Baylson, United States District Court, Eastern District of Pennsylvania. Maura previously practiced with Riker Danzig from 2011 - 2014. Prior to returning to Riker Danzig, she served as in-house counsel for Mitsui Sumitomo Marine Management.
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Jeffrey M. Beyer
Jeffrey M. Beyer is a partner in Riker Danzig’s Insurance and Litigation groups. He focuses his practice on insurance coverage litigation and counseling, as well as complex commercial litigation and insurance defense matters involving personal and premises liability. He practices in the state and federal courts of both New Jersey and New York. Jeffrey has significant experience in both first-party and third-party insurance coverage disputes involving property and casualty, general liability and various other types of insurance coverages. In all of his representations, he is sensitive to meet his clients’ needs in as thoughtful and efficient a manner as possible, whether the goal is to aggressively litigate the matter, or explore creative ways to resolve it. Jeffrey places an emphasis on providing advice to his clients that is both prompt and responsive. Jeffrey’s representative matters include: • Serving as lead counsel to a major seller of vitamins and dietary supplements along with a nationwide supermarket chain in a putative class action lawsuit alleging violations of the New Jersey Consumer Fraud Act (“CFA”) and Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), in which the defendants procured dismissal of several of the New Jersey state law claims at the pleading stage. • Defending numerous homeowners, as lead counsel appointed by a domestic insurer, in dozens of premises liability/personal injury matters throughout the New Jersey state court system, including alleged dog bite liability, sidewalk liability, and personal liability arising from physical altercations. • Providing advice and serving as lead counsel to a domestic first-party property insurer in several coverage lawsuits in New York and New Jersey arising out of wind- and flood-related Superstorm Sandy claims, each of which were successfully resolved on terms favorable to the client. • Representing a nationwide seller of hardwood flooring in a putative class action lawsuit alleging violations of the New Jersey Furniture Delivery Regulations, as well as TCCWNA, in which the defendant successfully procured dismissal of all claims with prejudice from the trial court, which result was affirmed in all respects by the New Jersey Appellate Division. • Serving on a defense counsel team on behalf of a manufacturer of solar panels in a major product liability litigation in New Jersey state court arising from a fire that destroyed a 266,000 square foot cold storage warehouse, which fire the plaintiffs alleged was started and/or aggravated by the installation of a 7,000 module solar panel system on the roof. Following more than 2 years of discovery including approximately 100 fact witness depositions, and a successful motion of partial summary judgment, our team negotiated an extremely favorable, confidential settlement on behalf of our client. • Advising the liability insurer to a major component-part manufacturer in connection with civil litigation arising out of a significant railroad derailment that was investigated by the National Transportation Safety Board. • Defending a major retailer as well as a service warranty provider against a consumer lawsuit alleging Magnuson-Moss Act and New Jersey Consumer Fraud Act violations, in which the defendants successfully compelled arbitration of the claims. • Representing a state liquidation bureau in a proceeding for confirmation of the liquidator’s disallowance of a large number of major policyholder claims, which was successfully resolved on terms favorable to the client. • Providing advice and representation to a large commercial general liability insurer in a complex coverage dispute with a policyholder whose HVAC system in a large building project had to be entirely removed and replaced. Jeffrey received his law degree, cum laude, in 2001 from Cornell Law School, where he served as a Note Editor of the Cornell International Law Journal. He graduated from Dartmouth College in 1998 with an A.B. in History. Jeffrey was formerly associated with Skadden, Arps, Slate, Meagher & Flom LLP in New York (2001-2006) and Drinker Biddle & Reath LLP in Florham Park, N.J. (2007-2010). Prior to joining Riker Danzig, he served as the General Counsel for Beyer Farms, Inc. (2010-2012), where he handled matters for the company touching upon various areas of the law, including labor and employment, general commercial litigation, and insurance issues. Jeffrey currently serves on the Board of Grow it Green Morristown, a non-profit organization whose mission is to create sustainable farms and gardens that provide equal access to fresh, local food, and to educate communities through programs focused on healthy eating and environmental stewardship. He also serves on the Board of Temple B’nai Or, the synagogue to which he and his family belong. Thomson Reuters included Jeffrey on its Super Lawyers "Rising Star” list for Insurance Coverage in 2016. See Awards and Honors Methodology.
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Peter M. Perkowski, Jr.
Peter M. Perkowski Jr., a partner in the firm’s Insurance and Litigation groups, focuses his practice on insurance coverage and insurance defense matters. His practice includes the representation of insurance companies as well as the defense of their insureds in a wide range of disputes, with a particular focus on legal malpractice and personal injury claims. He regularly advises clients on a variety of coverage and indemnity issues, including additional insured coverage, indemnification contracts, bad faith and an insurer’s defense obligation. Peter has experience in all aspects of litigation in matters involving personal injury, premises liability, commercial tenancy disputes, and professional liability claims. Peter also has considerable experience defending property owners in environmental contamination cases. Peter has argued extensively in State and federal courts, on both the trial and appellate levels. Peter also serves as a pro bono attorney for Partners for Women and Justice, which provides free legal representation to victims of domestic violence. He is a former Judicial Law Clerk to the Honorable David S. Cramp, Presiding Judge of the Civil Division, Morris County, New Jersey. While pursuing his law degree, Peter was a member and associate editor of the Constitutional Law Journal. Thomson Reuters included Peter on its Super Lawyers "Rising Star” list in 2010, 2012, and 2015 - 2016. See Awards and Honors Methodology.
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Caroline Brizzolara
After ten years as a partner with the Firm, Caroline Brizzolara is now Of Counsel and continues to focus on insurance coverage, reinsurance litigation and arbitration, and high-stakes insurance defense matters. She has extensive experience in resolving property and casualty coverage disputes under primary, excess and umbrella policies. Her expertise includes the successful resolution of claims by and against insolvent insurers in receivership and liquidation, life insurance coverage disputes, and insurance defense matters. She has also represented major domestic, British and Bermuda insurance companies in reinsurance disputes under excess of loss and quota share treaties, facultative certificates and casualty clash contracts. She has provided guidance to domestic clients on insurance regulatory and compliance issues in and outside the State of New Jersey. Her goal in all matters is to provide clients with clear, reasoned advice which, regardless of the complexity of the issues involved, meets her clients’ legal and business needs, in as timely and cost-effective a manner as possible. Caroline’s clients include: • Conservators in Texas and New York, in connection with their resolution of multi-million dollar asbestos bodily injury, property damage, surety bond, construction defect and reinsurance claims; • A domestic reinsurer, in connection with its defense and successful settlement of $14 million in asbestos bodily injury claims presented under two facultative certificates; • A domestic insurance company, in connection with its investigation of hundreds of millions in contingent business interruption losses arising out of the March 2011 tsunami in Japan; • Officers of a Bermuda reinsurance company underwriting finite risk reinsurance, in connection with various U.S. government investigations; • Life insurance companies in Texas and Oklahoma, in connection with their defense of wrongful denial of benefits claims and their responses to regulatory investigations and audits conducted by the New Jersey Department of Banking and Insurance and the New Jersey Department of Labor; and • A domestic insurance pool manager and its insurance company affiliates, in court and arbitration proceedings to obtain reinsurance for more than $108 million in aviation losses arising out of the September 11, 2001 terrorist attacks at the World Trade Center. Caroline has served on the Firm’s Hiring Committee and administered its summer associate programs in 2002-2004. She has presented seminars on alternate dispute resolution and ethics in arbitration, and is an active member of ARIAS U.S., a not-for-profit corporation that promotes improvement of the insurance and reinsurance arbitration process.
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Anne M. Mohan
Anne M. Mohan, Counsel in Riker Danzig’s Insurance Group, brings to her cases a level of dedication and professionalism that is appreciated both by her clients and respected by other counsel. Her practice includes the representation of insurance companies as well as the defense of their insureds in a wide range of disputes, with a particular focus on complex litigation, especially products liability, toxic tort and construction defect claims. Anne regularly represents domestic and foreign Fortune 100 insurers and others in complex cases nationwide involving primary, umbrella and excess policies. She has represented insurers in matters involving all lines of coverage including first-party property, commercial and general liability, automobile, multi-peril and life insurance policies. In addition, she has provided coverage advice to insurers on many different types of claims, including environmental contamination and remediation, asbestos bodily injury, lead abatement, products liability, completed operations and contractors’ liability. Anne has acted as regional counsel for a nationally known insurer, managing coverage litigation and overseeing local counsel. Anne has also appeared before the New Jersey Department of Banking and Insurance regarding issues involving the regulation of insurance companies. A significant portion of Anne’s practice involves working with insurers and third-party claims administrators to defend their policyholders and clients. She has tried many cases and has handled countless mediations and arbitrations. As national counsel for a household- name corporation, Anne coordinated the defense of a plethora of recurring products liability claims. She recently obtained a judgment which secured the client’s pre-trial dismissal from one of the largest and longest construction defect trials in the state of New Jersey. Anne was a law clerk to the Honorable Arthur S. Meredith, J.S.C, Presiding Judge, Civil Division, Somerset County, New Jersey. She has been a longstanding instructor of Civil Trial Preparation for the New Jersey Institute for Continuing Legal Education and has served as the Attorney Coach of a local high school Mock Trial Team. Anne also serves as a pro bono attorney and Trustee of Partners for Women and Justice, which provides free legal representation to victims of domestic violence. Anne was appointed by the New Jersey Supreme Court to serve on the Committee on the Unauthorized Practice of Law, and was recently selected to serve on the Executive Committee. The New Jersey Supreme Court has also appointed Anne to serve on the New Jersey Supreme Court District XIII Ethics Committee, for which she is serving as Chair. Anne served as Co-Chair of the Civil Practice Committee of the Hunterdon County Bar Association in 2019, and currently serves as Co-Chair of the Seminar/Sponsorships Committee, Co-Chair of the Mock Trial Committee and as a Member of the Judicial and Prosecutorial Appointments Committee.
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Marcia Miller Wefelmeier
Marcia Miller Wefelmeier is Counsel in Riker Danzig’s Insurance and Commercial Litigation Groups. She has more than 20 years of experience in insurance and reinsurance law, as well as complex commercial litigation and insurance defense matters. She practices in the state and federal courts of both New Jersey and New York and has substantial arbitration experience in the area of reinsurance. Marcia’s insurance practice includes both first-party and third-party coverage disputes involving property and casualty, general liability, homeowners, business interruption, professional liability, EBL and various other types of insurance coverages. Over the course of her practice, she has gained significant experience in all aspects of litigation and has succeeded in achieving favorable outcomes for her clients involving complex allocation, bad faith, extra-contractual, unfair trade practices, additional insured, reformation, construction defect and personal and advertising injury coverage issues. Marcia’s defense experience includes litigation of claims arising from premises liability, homeowners liability and other general liability claims. Over the course of her defense practice, she managed the litigation of the defense of a policyholder with respect to civil litigation arising from a high profile murder case in New Jersey, which ultimately resulted in a voluntary dismissal of the defendant/client. She formerly served as an adjunct professor at Seton Hall University School of Law, where she taught New Jersey Practice to second and third year law students. The course was an expanded state court counterpart to the first year Federal Rules of Civil Procedure course. Marcia served as Law Clerk to the Honorable Arnold M. Stein, Superior Court of New Jersey, Appellate Division. She also served as a judicial intern to U.S. District Judge William G. Bassler in the District Court of New Jersey as well as U.S. Bankruptcy Judge Stephen A. Stripp in the District of New Jersey.
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Brooks H. Leonard
Brooks H. Leonard is Counsel in the Firm’s Insurance Litigation Group. Brooks received a J.D. degree, magna cum laude, from Seton Hall University School of Law in 2010, where he was Articles Editor of the Seton Hall Law Review. Brooks earned his B.A., in Biology and Romance Languages, from the University of North Carolina in 2003. After law school, he was a law clerk to the Honorable Mary Catherine Cuff, P.J.A.D., Superior Court of New Jersey, Appellate Division, from 2010-2011. Best Lawyers in America®, a peer review of U.S. lawyers, has included Brooks on its “Ones to Watch” list in the field of Insurance Law for 2022 and 2021. The “Ones to Watch” awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Brooks has been included on the Super Lawyers “Rising Star” list by Thomson Reuters in the area of Insurance Coverage every year since 2014. See Awards and Honors Methodology. Prior to joining Riker Danzig, he was an associate with Coughlin Duffy.
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Casey A. Boyle
Casey A. Boyle is Counsel in Riker Danzig's Insurance and Reinsurance Practice. She represents insurance company clients in coverage litigation, bad faith litigation, and insurance defense litigation of a wide variety of disputes, including both first-party and third-party disputes involving property and casualty, general liability and various other types of insurance coverages. In addition, Casey has experience in the Cyber Liability area and has counseled clients regarding compliance obligations with cybersecurity and data privacy laws and regulations and cyber insurance coverage. Her practice also includes a significant amount of complex commercial litigation. She practices in both the state and federal courts of both New Jersey and New York. Casey received her J.D. degree from Columbia University School of Law in 2010, where she was a member of the Columbia Science and Technology Law Review. She received a B.A., with distinction, from Yale University in 2007. Prior to joining Riker Danzig, she was associated with Willkie Farr & Gallagher, LLP.
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Craig M. Terkowitz
Craig M. Terkowitz is Counsel in the Firm’s Insurance and Reinsurance Group. Craig has significant experience in coverage analysis and handling litigated coverage disputes arising out of Commercial General Liability, Business Owner’s, Homeowners, Commercial Auto and Personal Auto policies. He also is well-versed in environmental and construction defect coverage litigation. Craig is past Committee Chair of the District VIII (Middlesex County) Ethics Committee, on which he served as a member for six years. Craig received his law degree from Penn State University - Dickinson School of Law. He received his B.A., with honors, from University of Maryland. Prior to joining the Firm, Craig was a regional managing attorney at Hanover Insurance Company for over 20 years
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Cara Vecchione
Download vCard Cara Vecchione is Counsel in the Firm’s Insurance and Reinsurance Group. Cara focuses her practice on complex insurance coverage litigation and counseling. She represents domestic and international insurers in insurance coverage disputes involving a broad range of policies, including commercial general liability, umbrella, professional liability, Bermuda form excess liability, technology errors and omissions, commercial automobile, first-party property and directors and officers policies. Her experience includes coverage disputes involving various types of claims, including environmental contamination, advertising injury, product liability, technology/digital media, cyber, pharmaceutical, asbestos bodily injury, business interruption, fire loss and bad faith claims. Cara has managed disputes through all phases of pre-trial litigation and successfully resolved matters through motion practice, mediation and settlement negotiations. She also provides advice to clients regarding policy drafting issues, additional insured coverage and litigating coverage disputes in bankruptcy court. Cara received her J.D. degree from Emory University School of Law in 2009. While at Emory, she served as a Notes and Comments Editor for the Emory Bankruptcy Developments Journal. Cara received her B.A. degree, magna cum laude, from Colgate University in 2004. Following law school, she was a Law Clerk for the Honorable Margaret Cangilos-Ruiz, U.S. Bankruptcy Court, Northern District of New York.
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Jeffrey A. Beer, Jr.
Jeffrey A. Beer, Jr. is Counsel in the Firm's Insurance and Reinsurance Group. Jeff represents clients in a variety of different insurance-related areas, including insurance coverage, reinsurance, and insurance defense, as well as commercial litigation. He appears regularly before trial and appellate courts. Best Lawyers in America®, a peer review of U.S. lawyers, has included Jeff on its “Ones to Watch” list in the field of Insurance Law for 2022 and 2021. The “Ones to Watch” awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Jeff has been included on the Super Lawyers “Rising Star” list by Thomson Reuters in the area of Insurance Coverage for 2021. See Awards and Honors Methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Jeff received his law degree, cum laude, from Fordham University School of Law in 2014, where he served as a member of the Fordham University Urban Law Journal, Fordham Dispute Resolution Society, and Fordham Moot Court International Law Team, for which he was a Jessup Competition Regional Best advocate. He graduated in 2010 with a B.A. in Communication from Rutgers University.