KRLW Recovers $2,000,000+ for Insurer Client

Insurer Cannot Disclaim Coverage If It Does Not Prove that Insured’s Failure to Cooperate Caused Appreciable Prejudice
May 18, 2022
New Jersey Supreme Court Holds New York Counties Exclusion Is Enforceable
August 11, 2022

After extensive briefing and a plenary hearing, a Middlesex County judge found that the defendant insurers must reimburse KLRW’s insurer client $2,000,000 plus interest for monies the insurer client paid to settle a personal injury action involving a foot amputation. KLRW argued that its client’s insureds were entitled to coverage under New Jersey’s loading and unloading doctrine when the bodily injury plaintiff was badly injured while loading a paving machine onto a trailer that was attached to truck. The trailer’s insurers denied coverage; however, the court found that the client’s insureds’ liability arose out of the “use” of the truck, entitling them to coverage under the trailer’s insurers’ policies. Kevin Wolff and Julia Talarick represented the firm’s insurer client.