HASKELL PROPERTIES, LLC VS. THE AMERICAN INSURANCE Â COMPANY(L-5396-13, BERGEN COUNTY AND STATEWIDE) ( 2017 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1452-14T2
HASKELL PROPERTIES, LLC,
Plaintiff-Appellant,
v.
THE AMERICAN INSURANCE
COMPANY, ST. PAUL FIRE
& MARINE INSURANCE COMPANY,
FIRST STATE INSURANCE COMPANY,
GREAT AMERICAN INSURANCE COMPANY
OF NEW YORK f/k/a AMERICAN
NATIONAL FIRE INSURANCE COMPANY,
and FIREMAN'S FUND INSURANCE COMPANY,
Defendants-Respondents.
________________________________________________________________
Argued February 2, 2016 – Decided August 4, 2016
Remanded by Supreme Court May 19, 2017
Resubmitted June 14, 2017 – Decided June 29, 2017
Before Judges Espinosa, Rothstadt, and
Currier.
On appeal from Superior Court of New Jersey,
Law Division, Bergen County, Docket No. L-
5396-13.
Eric E. Tomaszewski argued the cause for
appellant (Golub Isabel & Cervino, P.C.,
attorneys; Mr. Tomaszewski, of counsel;
Joseph A. Ferriero, on the briefs).
John Maloney argued the cause for respondent
St. Paul Fire & Marine Insurance Company
(Graham Curtin, PA, attorneys; Mr. Maloney
and Stephen V. Gimigliano, on the brief).
Michael E. Buckley argued the cause for
respondents The American Insurance Company
and Fireman's Fund Insurance Company (Rivkin
Radler LLP, attorneys, join in the brief of
respondent St. Paul Fire & Marine Insurance
Company).
Evan S. Neadel argued the cause for
respondent First State Insurance Company
(Becker Meisel, LLC, Wayne S. Karbal
(Karbal, Cohen, Economou, Silk & Dunne,
LLC), of the Illinois bar, admitted pro hac
vice, and Gerald E. Ziebell (Karbal, Cohen,
Economou, Silk & Dunne, LLC), of the
Illinois bar, admitted pro hac vice,
attorneys, join in the brief of respondent
St. Paul Fire & Marine Insurance Company).
Christopher P. Ferragamo (Jackson &
Campbell, P.C.) of the District of Columbia
bar, admitted pro hac vice, argued the cause
for respondent Great American Insurance
Company f/k/a American National Fire
Insurance Company (DiFrancesco, Bateman,
Coley, Yospin, Kunzman, Davis, Lehrer &
Flaum, P.C., and Mr. Ferragamo, attorneys,
join in the brief of respondent St. Paul
Fire & Marine Insurance Company).
PER CURIAM
As directed by the Supreme Court in its summary remand
order of May 19, 2017, we have reviewed our earlier unreported
decision in this matter, Haskell Properties, LLC v. The American
Insurance Company, Docket No. A-1452-14 (App. Div. August 4,
2016), in light of the Court's decision in Givaudan Fragrances
Corporation v. Aetna Casualty & Surety Company, 227 N.J. 322(2017).
2 A-1452-14T2
In our earlier opinion, we relied upon the principles
enunciated by this court in Givaudan Fragrances Corporation v.
Aetna Casualty & Surety Company, 442 N.J. Super. 28 (App. Div.
2015), in holding plaintiff's complaint in this matter
sufficiently stated a cause of action against defendants that
refused "to provide coverage for losses originating from
occurrences that predated" the assignment in this action as set
forth in the subject asset purchase agreement. Haskell
Properties, LLC, supra, slip op. at 19. Those principles were
affirmed by the Court in Givaudan Fragrance Corporation, supra,
227 N.J. at 327 (holding "once an insured loss has occurred, an
anti-assignment clause in an occurrence policy may not provide a
basis for an insurer's declination of coverage based on the
insured's assignment of the right to invoke policy coverage for
that loss").
Accordingly, we are satisfied our application of those
principles is entirely consistent with the Supreme Court's
decision. We do not discern a reason to alter our original
opinion.
Affirmed in part; reversed and remanded in part. We do not
retain jurisdiction.
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