By: Steven R. Rowland, Esq.

No company likes to be sued. Perhaps the only thing worse is to be sued and to find out that the insurance you thought would cover the type of claim you now face won’t because the insurance you have was not intended to cover that type of claim, or the insurer has asserted some vaguely-worded exclusion that you’ve never heard of.Read More

SUMMIT, N.J., March 22, 2017 – Brown Moskowitz & Kallen, P.C. is pleased to announce that Partner Richard S. Schkolnick has been selected for inclusion in the 2017 edition of New Jersey Super Lawyers.  Marking his sixth consecutive year on the Super Lawyers list, Mr. Schkolnick has been recognized for his work in Land Use and Zoning Law.

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Steven R. Rowland: Litigation & Dispute Resolution Attorney

Steven R. Rowland recently completed a trial before the Office of Administrative Law involving an allegation from the NJ Department of Labor and Workforce Development that owner-operators of large trucks had been inappropriately classified as independent contractors.

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Super Lawyers NJ

By BMK Law

Alan Goldberger will present “Lawsuits Waiting to Happen – A Cautionary Tale” at the Association’s Annual Fall Basketball Seminar in Denver, Colorado later this month.  Attendees will include Rules Interpreters and leaders of local IAABO “boards” from about 38 states and provinces. For more information, click here.

Dan Stolz is representing New Jersey foreclosure law firm Zucker, Goldberg & Ackerman, which filed Chapter 11 and is expected to close its doors shortly.  For more information, click here.

The dynamics of a family-owned business present unique challenges not only to the family but also to the professional service provider. Recognizing that professionals who work with these businesses on a daily basis can find value in discussing these challenges with one another, for the benefit of themselves and the client, Norman Kallen has formed, and chairs, a family business roundtable.

The group is comprised of professionals who work with middle market family-owned businesses, including, attorneys, accountants, executive coaches, investment advisors, psychologists and insurance professionals. The goal is to get together on a bi-monthly basis to discuss, share, provide peer counseling and engage in problem solving on common issues the service providers confront in serving such businesses. Ultimately, by leveraging the experience of one another, each of the members can acquire greater insight into and provide greater value to his or her client.

Alan S. Goldberger returns to the National Association of Sports Officials Annual Sports Officiating Summit July 26-28 in St. Louis. He will be a featured speaker at the Summit –the only event of its kind addressing critical topics impacting all aspects of the officiating industry. He will speak to referees and umpires of all sports on “The Law, Lawsuit and Liability Landscape,” to be followed by a breakout session on sports officials’ legal rights and responsibilities. Al will also conduct a special pre-summit program for Missouri officiating leaders: “Official Business – Your Game Officials and the Law” — presented in cooperation with the Missouri State High School Activities Association (MSHSAA).

Ken Moskowitz, Steve Rowland and Shalom Stone are representing an international storage and logistics company in connection with an insurance coverage dispute that presents a substantial issue of New Jersey law. The matter has already been litigated in the U.S. District Court of New Jersey and the Third Circuit Court of Appeals, and the coverage issue may now be resolved by the New Jersey Supreme Court.

BMK won summary judgment for its client in the federal trial court. The District Court held that our client was entitled to coverage under its Commercial General Liability (CGL) insurance policy for the damages caused by the client’s subcontractor to property belonging to a customer. Among other things, the District Court held that the property damage at issue constituted an “occurrence” under the CGL policy, and that the client was entitled to indemnity under the policy and to reimbursement of the attorneys’ fees that had been expended in litigating the coverage matter.

The Third Circuit heard oral argument on the insurance carrier’s appeal in June 2015, and recently took the extraordinary measure of petitioning the New Jersey Supreme Court for certification to resolve what the Third Circuit regards to be a substantial and unsettled question of New Jersey insurance law.

Specifically, the Third Circuit has asked the New Jersey Supreme Court to resolve the issue of whether the damage caused to the property of the insured’s customer by the defective work of the insured’s subcontractor constitutes an “occurrence” under the standard form of CGL policy that has been in effect since 1986. The case presents an important and recurring issue not only in New Jersey, but nationwide. Courts across the country have repeatedly cited New Jersey law (the Weedo doctrine) in addressing the issue which may now be resolved directly by New Jersey’s highest court.

Coincidentally, the day before the Third Circuit petitioned the New Jersey Supreme Court for certification in our client’s case, the New Jersey Appellate Division in Cyprus Point Condominium Association, Inc. v. Adria Towers, LLC, A-2767-13T1, held that, in analogous circumstances, a subcontractor’s faulty workmanship constitutes an “occurrence” within the meaning of the insured general contractor’s CGL policy.

In the event that the New Jersey Supreme Court certifies the issue presented in our client’s case, the matter will likely be heard early next year.