Riker Danzig secured a win for client Harleysville Insurance Co. in the Appellate Division of the New Jersey Superior Court over insurance coverage following a roof collapse. The Court upheld the trial court’s decision to dismiss a warehouse owner’s suit for additional insured coverage when the tenant had not requested coverage for the warehouse owner, Rothschild. Although Rothschild claimed that its omission from the policy as an additional insured was due to a mutual error of the tenant and Harleysville, the Appellate Division panel agreed with the lower court that Rothschild provided no proof that any entity had intended to include Rothschild as an additional insured under the policy.
Partner Tracey K. Wishert and Associate Theodore A. Mottola defended the case for Harleysville, convincingly arguing that Harleysville did not owe coverage to Rothschild under the terms of the policy as requested by the tenant and that reformation was not warranted under the facts of the case.
Law360 covered the case at NJ Warehouse Owner Can't Get Coverage For Roof Collapse.
