TT&H Attorneys Benjamin C. Frommer and Javier A. Zurita Win Dismissal of Insurance Coverage Case

TT&H Attorneys Benjamin C. Frommer and Javier A. Zurita recently won the dismissal of an insurance coverage case in the Superior Court of New Jersey, Law Division, Burlington County.  Plaintiffs, owners of a farm home and indoor riding arena, filed a suit against the property insurer and insurance agent, alleging that the insurance company failed to compensate them for damage sustained after a hailstorm.  Attorneys Frommer and Zurita sought the dismissal of all claims.  They argued that Plaintiffs’ breach of contract claim against the insurer should be dismissed, as Plaintiffs’ reasonable expectations are inapposite when the policy contained clear and unambiguous language prominently displayed in the declarations sheets setting the actual cash value as the appropriate limit of liability.  They also sought the dismissal of Plaintiffs’ negligence claim against the agent because the agent acted loyally for the insurer, not insureds, and the carrier otherwise did not have a duty to advise for the need of higher policy limits upon a policy renewal.  Lastly, they argued for the dismissal of Plaintiffs’ breach of covenant of good faith cause of action because there existed more than debatable reasons to only pay the actual cash value of the alleged property damage.  Agreeing with Benjamin and Javier, the Court granted their Motion and dismissed the Plaintiffs’ action.

Questions about this case can be directed to Benjamin C. Frommer at (267) 861-7585 or bfrommer@tthlaw.com or to Javier A. Zurita at (267) 861-7591 ext. 8513 or jzurita@tthlaw.com.