The Exclusion That Wasn't

A landlord's tenant leases warehouse space, promises to name the landlord as an additional insured, and buys a commercial general liability policy to do it. The tenant's own employee is then badly hurt on the premises and sues the landlord. Does the tenant's CGL carrier owe the landlord a defense and indemnity, or do the policy's employee and workers' compensation exclusions wipe out coverage? In SL 10 Park Place, LLC v. Utica National Insurance Group, the Appellate Division answered squarely for the additional insured, and in doing so drew a bright line that every workers' compensation practitioner should understand.

Employer Contribution Barred

On January 15, 2025, US District Judge Edward S. Kiel issued a significant decision in Wright v. Cezaire (Case No. 21-cv-13491), affirming the exclusivity provision of the New Jersey Workers' Compensation Act. This ruling has crucial implications for employers facing potential liability in third-party lawsuits.

NJ Supreme Voids Agreements Not To Sue Third-Parties

In a landmark decision, the NJ Supreme Court has ruled that agreements between employers and employees not to file a lawsuit against an employer's customers are unenforceable. The Court held that such disclaimers are against public policy.