Posted on May 30, 2018 by Matthew P. O'Malley
The Superior Court of New Jersey, Appellate Division upheld a grant of summary judgment in favor of the firm’s client Ironshore Indemnity, Inc. Ironshore instituted a declaratory judgment action against Pappas & Wolf, LLC, claiming that coverage was not available because the firm’s attorneys had misrepresented that there existed no potential legal malpractice claims. The parties cross-moved for summary judgment, and Ironshore’s motion was granted. An appeal followed. The appellate panel held that, even under the subjective standard attendant to prior knowledge representations by insureds, Ironshore was justified in denying coverage. Partner Matthew P. O’Malley argued the summary judgment motion and appeal on behalf of Ironshore. The decision can be found on Westlaw at 2018 WL 2012009.
After oral argument, the New Jersey Appellate Division affirmed the dismissal of a damages claim upon a plaintiff's failure to establish either proximate causation or apportion damages....Read more