Thomas Quinn (Partner-Florham Park, NJ) and April Campos (Associate-Florham Park, NJ) were granted a motion to dismiss in a case against the firm’s insurance company client in the Superior Court of New Jersey, County of Bergen, based on the late filing of an expert’s affidavit. The plaintiff law firm’s professional negligence complaint sought coverage for losses due to the COVID-19 forced shutdowns of its New York and New Jersey offices and alleged the carrier added a virus exclusion in 2019, which was not included in the original policy or in subsequent renewals. Tom and April argued the plaintiff must provide an affidavit, stating the conduct that deviated from professional standards, from a licensed person within 120 days of the defendant’s filed answer. The court granted the motion to dismiss with prejudice because the plaintiff did not file the affidavit until the day of oral arguments, after the dismissal bid was filed.

Law360 covered the case.