News & Blog

Powell, Kugelman & Postell is pleased to announce the addition of Alina A. Big, Esq. as the newest attorney to join the firm. Alina is a savvy and resilient professional who initially trained in civil and common law in Romania five years ago. She then immigrated to the United States, with her dream of becoming [...] The post Powell, Kugelman & Postell Welcomes Alina A. Big to the Firm appeared first on Powell, Kugelman & Postell, LLC.

In Friedauer v. Purdy, the New Jersey Appellate Division recently decided that a jury must make the decision, and not the trial judge, as to whether an insurance agent’s duty to provide insurance advice extends to all of the members of a Limited Liability Company.  The insurance agent, Daniel Purdy had been procuring insurance coverage [...] The post Should an insurance broker advise all members of an LLC to opt into a workers’ compensation policy? NJ Appellate Division says a jury must decide. appeared first on Powell, Kugelman & Postell, LLC.

In a recent opinion, the NJ Appellate Division decided that insurance providers’ EIFS and continuous and progressive damage exclusions are enforceable, despite being challenged by appeals. In American Properties v. Interstate Fire, Plaintiffs American Properties at Madison (APM) and First Speciality Insurance Company (FSIC) challenged a lower court’s ruling on the application of Exterior Insulation [...] The post NJ Court Rules on EIFS and Continuous Damages Exclusions appeared first on Powell, Kugelman & Postell, LLC.

The New Jersey Supreme Court has ruled in a case entitled Pareja v. Princeton Int’l Properties that commercial landowners do not have a duty to remove an accumulation of snow and ice until the conclusion of a storm, but unusual circumstances may give rise to a duty before then. There are two exceptions that could [...] The post NEW JERSEY SUPREME COURT RULES COMMERCIAL LANDOWNERS DO NOT HAVE A DUTY TO REMOVE AN ACCUMULATION OF SNOW AND ICE UNTIL THE CONCLUSION OF A STORM appeared first on Powell, Kugelman & Postell, LLC.

Powell, Kugelman & Postell is pleased to announce that Maureen LePochat has recently joined our team of insurance lawyers. Maureen is returning to New Jersey practice after working 14 years as a senior claims specialist for AIG, Medmarc Insurance and Sedgwick Claims, specializing in the handling of mass torts and other complex product, professional and [...] The post Powell, Kugelman & Postell Welcomes Attorney Maureen LePochat appeared first on Powell, Kugelman & Postell, LLC.

  Recently, the New Jersey Appellate Division found that an insureds acceptance of an actual cash value payment and subsequent failure to submit proof of repairs up to the replacement cost value of the loss, permitted the insurance carrier to refuse further payment. Plaintiffs presentation of a replacement cost valuation far exceeding the insurers valuation [...] The post NJ COURT FINDS POLICYHOLDER MUST DISPUTE BOTH ACV AND REPLACEMENT COST VALUATIONS TO RECOVER appeared first on Powell, Kugelman & Postell, LLC.

  Partner Jose D. Roman, dedicated to providing legal services to low-income and underserved communities, is leaving Powell & Roman to focus those efforts full time at Central Jersey Legal Services, Inc. Jose has inspired our entire firm over his seventeen years at Powell & Roman with his selfless pro bono work, having received a [...] The post Partner Jose D. Roman Pursues Career in Public Service and Announcement of Newly Named Firm Powell, Kugelman & Postell appeared first on Powell, Kugelman & Postell, LLC.

Prior to joining Powell & Roman, LLC, Mr. Kingston clerked for the Honorable Janetta D. Marbrey, J.S.C. of the Superior Court of the State of New Jersey, Mercer County, Civil Division handling a busy docket of civil litigation matters. Mr. Kingston attended Syracuse University College of Law, where he received a J.D. along with a [...] The post Powell & Roman, LLC Welcomes Mr. Tanner Kingston as Our New Associate Attorney appeared first on Powell, Kugelman & Postell, LLC.

Recently in Baskin v. Martinez the New Jersey Supreme Court ruled that evidence of a clear act of surrender will defeat a police officers qualified immunity defense in a use of deadly force civil lawsuit. The case involved an armed suspect who was shot by a Camden police officer after putting his hands up to [...] The post NJ High Court Says Clear Act of Surrender Defeats Police Officer Immunity from Lawsuit appeared first on Powell, Kugelman & Postell, LLC.

New Jersey's highest court decided in City of Asbury Park v. Star Insurance Company that an insurance company's subrogation claim takes priority over a municipality's deductible/self- insured retention (SIR). In this case the City's SIR totaled $400,000.00.   In January 2011, an Asbury Park Fire Departments employee suffered injuries while fighting a fire and he [...] The post City of Asbury Park Can’t Recoup Deductible Before its Insurer appeared first on Powell, Kugelman & Postell, LLC.

The debate over the responsibility of commercial property owners during a winter storm continues. Many states have adopted the Ongoing Storm Rule (also known as the Storm in Progress Rule) which shields property owners of responsibility over accidents until an adequate period of time has passed following the end of a storm. It seemed as if [...] The post Is a NJ Commercial Property Owner Required to Remove Snow and Ice During a Storm? appeared first on Powell, Kugelman & Postell, LLC.