17 Cited authorities

Badiali v. N.J. Mfrs. Ins. Grp.
220 N.J. 544 (N.J. 2015) Cited 214 times 4 Legal Analyses
Holding a party claiming summary judgment is premature must "demonstrate with some degree of particularity the likelihood that further discovery will supply the missing elements of the cause of action" (quoting Wellington v. Estate of Wellington, 359 N.J. Super. 484, 496 (App. Div. 2003))
Pickett v. Lloyd's
131 N.J. 457 (N.J. 1993) Cited 332 times 16 Legal Analyses
Holding that insurers owe a duty of good faith in processing first- party claims
W. American Ins. Co. v. J.R. Construction
334 Ill. App. 3d 75 (Ill. App. Ct. 2002) Cited 52 times
Holding that foreign unreported decisions are "of no precedential value"
Postlewait Constr. v. Great American Ins. Cos.
106 Wn. 2d 96 (Wash. 1986) Cited 83 times
Holding that a plaintiff who is not a named insured or an intended third-party beneficiary may not bring a direct action against the tortfeasors' insurer
Karpenski v. Am. Gen. Life Cos.
999 F. Supp. 2d 1235 (W.D. Wash. 2014) Cited 29 times
Applying the doctrine where defendants failed to raise other grounds for denial "until well after litigation began and they had answered [the p]laintiff's complaint, formally asserting [those grounds] only upon summary judgment"
Mountain Fuel Supply v. Reliance Ins. Co.
933 F.2d 882 (10th Cir. 1991) Cited 66 times 2 Legal Analyses
Holding that in interpreting a contract, "[w]e look to the conflict of laws rules of . . . the forum state[] to determine which state's laws will be controlling"
Virginia Surety Co. v. Northrop Grumman Corp.
144 F.3d 1243 (9th Cir. 1998) Cited 43 times
Holding that causation cannot arise from the independent action of a third party
Bucon, Inc. v. Pa. Ins. Co.
151 A.D.2d 207 (N.Y. App. Div. 1989) Cited 49 times 1 Legal Analyses
Estopping the defendant insurer from denying coverage to the plaintiff where the plaintiff reasonably relied on a certificate of insurance in commencing construction work
Sumitomo Marine Fire Ins. v. Southern Guaranty Ins. Co.
337 F. Supp. 2d 1339 (N.D. Ga. 2004) Cited 25 times
Finding that the agent stood in the insurance company's shoes because he signed the company's insurance policies, declaration pages and certificates of insurance as an "authorized representative" of the company
Hudson Universal, Ltd. v. Aetna Ins. Co.
987 F. Supp. 337 (D.N.J. 1997) Cited 25 times
Denying motion for summary judgment on bad faith claim
Rule 38 - Right to a Jury Trial; Demand
Fed. R. Civ. P. 38 Cited 2,255 times 9 Legal Analyses
Explaining that a party waives its right to a jury trial by failing to properly request one

T-Mobile USA Inc v. Selective Insurance Company of America

17 Cited authorities

Holding a party claiming summary judgment is premature must "demonstrate with some degree of particularity the likelihood that further discovery will supply the missing elements of the cause of action" (quoting Wellington v. Estate of Wellington, 359 N.J. Super. 484, 496 (App. Div. 2003))

Holding that insurers owe a duty of good faith in processing first- party claims

Holding that foreign unreported decisions are "of no precedential value"

Holding that a plaintiff who is not a named insured or an intended third-party beneficiary may not bring a direct action against the tortfeasors' insurer

Applying the doctrine where defendants failed to raise other grounds for denial "until well after litigation began and they had answered [the p]laintiff's complaint, formally asserting [those grounds] only upon summary judgment"

Holding that in interpreting a contract, "[w]e look to the conflict of laws rules of . . . the forum state[] to determine which state's laws will be controlling"

Holding that causation cannot arise from the independent action of a third party

Estopping the defendant insurer from denying coverage to the plaintiff where the plaintiff reasonably relied on a certificate of insurance in commencing construction work

Finding that the agent stood in the insurance company's shoes because he signed the company's insurance policies, declaration pages and certificates of insurance as an "authorized representative" of the company

Denying motion for summary judgment on bad faith claim

Explaining that a party waives its right to a jury trial by failing to properly request one