Publication Details

John V. Mallon, Cindy Nan Vogelman and Richard W. Fogarty Successfully Appealed an Adverse Insurance Coverage Decision

John V. Mallon, Cindy Nan Vogelman and Richard W. Fogarty successfully appealed an adverse insurance coverage decision on behalf of client Allstate New Jersey Insurance Company.  The lawsuit arose following a murder committed on the Caribbean Island of St. Kitts on property the victim was renting.  The victim’s estate and beneficiaries sued for wrongful death against the property owners and others.  The property owners demanded a defense to the lawsuit and payment of any damages that might be awarded against them from Allstate, which insured their New Jersey apartment.  Allstate asserted that the St. Kitts property was not an “insured premises” under the policy, that the policy exclusion for “business activities” precluded coverage, and that the property owners could not have reasonably expected the St. Kitts property to be insured by their New Jersey insurance policy.  The trial court denied summary judgment, ruling that there might be coverage for the claim.  The Appellate Division reversed, and found that Allstate was not required to provide coverage for the St. Kitts property and underlying lawsuit.