Effective Dispute Resolution With Commercial Litigation Lawyers In Morristown And Hasbrouck Heights
At Scirocco Law, P.C., our attorneys represent commercial litigants – plaintiffs and defendants – with respect to issues encompassing good faith and fair dealing, restrictive covenants, fraudulent conveyances, consumer fraud and violations of the Uniform Commercial Code (UCC) as well as construction defects.
Such cases are litigated both in the Law and Chancery Division, often with emergent relief being sought by one of the parties. Clients include commercial tenants, doctors, franchise owners, and consumers of commercial goods and services.
On some occasions, because of the language contained in written agreements, claims are brought before an arbitrator for binding arbitration in the interest of staying out of the court system.
Insurance Contracts: Every Contract Implies Good Faith And Fair Dealing
In the case of Wadeer v. New Jersey Manufacturers Ins. (New Jersey Supreme Court, February 2015), the court stated that every insurance contract in New Jersey contains an implied covenant of good faith, and insurance companies owe a duty of good faith to their insured in processing a first-party claim.
A bad faith claim in a first-party situation is an intentional wrongdoing where the plaintiff must demonstrate (1) no valid reason for denying benefits and (2) the insurer’s awareness or disregard of this lack of basis for denial. Therefore, even though bad faith is intentional, the carrier’s reckless disregard for the facts can imply knowledge of the insufficient basis.
Insurance Brokers And Professional Negligence
In New Jersey, insurance brokers owe clients a professional duty of care. An insurance broker is liable for professional negligence if the broker (1) neglects to procure the insurance, (2) if the policy is void, (3) if the policy is deficient, or (4) the policy does not provide proper coverage. Just as important, a broker is liable for professional negligence if he fails to warn the client at once that coverage could not be obtained.
A court may only grant judgment against an insurance broker, however, where there can be no conclusion other than that the broker was “ignorant of available coverage, failed to obtain requested coverage or failed to advise the customer of the unavailability of requested coverage.” Avery v. Arthur E. Armitage Agency, 242 N.J. Super. 293, 303 (App. Div. 1990). Quality Pro Painters, LLC v. Global Underwriters Agency, Inc. (Sup. Ct., March 2015).
What Clients Are Asking About Commercial Litigation In New Jersey
Commercial litigation can be complex and businesses often have many questions when facing potential legal disputes. Below, we address some of the most common inquiries clients have about commercial litigation in New Jersey.
What are the most common issues that lead to commercial litigation cases?
In New Jersey, common issues that result in commercial litigation include contract disputes, breaches of fiduciary duty and partnership disagreements. Issues such as intellectual property conflicts and business torts also lead to litigation.
How can I prepare for my commercial litigation case in New Jersey?
Preparing for a commercial litigation case involves gathering all relevant documents, understanding the details of the dispute and consulting with a qualified attorney. Your attorney will help you develop a strategy, identify key evidence and guide you through the legal process to strengthen your case.
How long can commercial litigation cases typically last in New Jersey?
There are different elements that can impact the timeline of a commercial litigation case. Factors such as the complexity of the case, court schedules and the willingness of parties to negotiate can all affect the timeline. Cases may last from several months to a few years, depending on these variables.
Understanding these aspects of commercial litigation can help you learn the process. Our law firm is committed to providing the support needed to address your legal concerns.
Contact Our Experienced Commercial Litigation Attorneys In New Jersey To Resolve Disputes
Call Scirocco Law, PC, at 973-968-6321 to schedule a consultation to learn more about your legal options in commercial disputes. Our team of professionals is here to serve you.