Clausen Miller Successfully Defended Transportation Loss Case
October 29, 2007
Ruth V. Simon, a partner in Clausen Miller’s New Jersey office, successfully defended our client, Insurer, in a transportation loss case.
The Insured was transporting a crane on Route 1 in New Jersey when it fell off the truck and was damaged. The owner of the crane sued Insured, who leased the crane. Insured then sued its broker and Insurer, CM’s client. After a mediation, Insurer settled for a nominal amount, and Owner also settled with Insured.
Insured continued its suit against the broker. The broker filed a new action against Insurer claiming that it was entitled to indemnification and costs of defense because of a contract between the parties. As counsel for Insurer, Ms. Simon moved to dismiss on several grounds, including the entire controversy doctrine because the plaintiff-broker could and should have raised this in the pending action before Insurer settled. The Court agreed and dismissed the suit on the grounds that the entire controversy doctrine mandated that the broker’s claims be brought in the first suit.
If you would like to learn more about transportation loss defense or other defense matters, please feel free to e-mail Ruth (rsimon@clausen.com) or call her at (973) 401-0470.
