News Brief

Marcellino and Whiteman Obtain Dismissal of Third-Party Complaint

October 7. 2016

Stephen Marcellino (Partner-New York Metro) and Brian Whiteman (Partner-New Jersey) obtained dismissal, in the Superior Court of New Jersey, Chancery Division, Passaic County, of a third-party complaint against a major insurer brought by its insured board members seeking coverage under Directors & Officers Liability Policies issued to the insured. Although the underlying case was commenced in 2013, the insurer was not joined until late 2015 and expedited discovery was required to position the case for summary judgment. In late June 2016, the court granted summary judgment, upholding Stephen and Brian’s arguments that the insured failed to establish that a claim was made against the insured during the applicable policy periods and that the insured failed to timely report the claim pursuant to the policy requirements. Since the insured could not satisfy the prerequisites to potential coverage, the court dismissed the third-party complaint against our client.

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