New Jersey Supreme Court Justice Douglas Fasciale. Credit: Screenshot from TwitterInsurer Has No Duty to Defend 'Laidlow' Claims, NJ Supreme Court Says
“Here, Hartford has no duty to defend the employer,” Associate Justice Douglas M. Fasciale wrote for the court.
December 12, 2024 at 04:19 PM
3 minute read
The New Jersey Supreme Court unanimously held that an insurance carrier has no duty to defend allegations of recklessness against an employer that had previously paid a workers' compensation claim for an injured employee.
Ruling Thursday in Rodriguez v. Shelbourne Spring, the justices determined that the carrier would not need to defend either the negligence, or the so-called Laidlow claims, which arise out of allegedly intentional acts by an employer, that the plaintiff brought after he was injured.
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