Elliott Abrutyn and Thomas G. Rantas successfully obtained summary judgment on behalf of their insurer client, Evanston Insurance Company, in the matter of Cypress Point Condo. Ass’n, Inc. v. Adria Towers, LLC. In Cypress Point, the Cypress Point Condominium Association, Inc. sought to compel Evanston to indemnify the developer for the Association’s claims. Trial Court of Hudson County rejected the Association’s claims based on the application of Weedo v. Stone-e-Brick and its progeny and dismissed all claims against Evanston.
Elliott Abrutyn successfully defended an appeal before the Supreme Court of New Jersey on behalf of his client, OneBeacon Insurance Company, in the matter of Potomac Ins. Co. v. Pennsylvania Mfrs. Ass’n Ins. Co., 425 N.J. Super. 305 (App. Div. 2012), aff’d, 215 N.J. 409 (2013). In Potomac, the Supreme Court held that a release between and insured and insurer will not prevent a co-insurer from recovering defense costs directly from the settling insurer.
James L. Melhuish assisted Elliott in the preparation of the briefs submitted to the Supreme Court.