Anthony Guidice Obtains Appellate Win on behalf of Insurance Client

The Superior Court of New Jersey Appellate Division recently affirmed the Trial Court's Order awarding summary judgment for our client, a premier insurance company, in a lawsuit over the denial of a policy claim.

In the lawsuit, Plaintiff alleged that the closure mandated by Governor Murphy's executive orders during the peak of the COVID-19 pandemic resulted in "a substantial loss of business and income". In Mr. Guidice’s argument, the New Jersey Appellate Division agreed that the executive orders barred plaintiff from operating its property but did not physically deprive plaintiff of its possession. Further, Mr. Guidice convinced the court to dismiss the additional claims of plaintiff asserting the virus exclusion and ambiguity of terms within the policy, citing Mac Prop. Grp. LLC v. Selective Fire & Cas. Ins. Co., 473 N.J. Super. 1 (App. Div. 2022); 278 A.3d 272 where policy language was virtually identical.

This resulted in a win for the client, with the New Jersey Appellate Division rejecting all claims, upholding Mac Prop. Grp. LLC v. Selective Fire & Cas. Ins. Co., 473 N.J. Super. 1 (App. Div. 2022); 278 A.3d 272.