Insured Must Pay Sums Allocated To Insolvent Insurers, New Jersey Panel Says

Mealey's (January 26, 2016, 11:42 AM EST) -- TRENTON, N.J. — A trial court did not err in finding that amendments to the New Jersey Property-Liability Insurance Guaranty Association (PLIGA) Act in 2004 do not change the application of the continuous trigger theory for the aggregation of liability for environmental claims between solvent and insolvent insurers, the Appellate Division of the New Jersey Superior Court said Jan. 12 in affirming that an insured, not the solvent insurers, is responsible for paying the sums allocated to insolvent insurers (Ward Sand and Materials Co. v. The Transamerica Insurance Co., et al., No. A-1479-13T1, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 59)....