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April 17, 2018

DETERMINING THE DUTY TO DEFEND:  NOT WITH CONCEALED EVIDENCE, BUDDY.

Filing redacted meaning blacked out 'evidence' because of a sealing order in another case is not enough to decide a duty to defend under New Jersey law.  The party seeking to seal or conceal evidence must still comply with the applicable Rule in the insurance case:  Albion Engineering Co. v. Hartford Fire Ins. Co., No. 1:17-cv-3569 (NLH/KMW), 2018 WL 1469046 (D.N.J. March 26, 2018), appeal docketed, No. 18-1756 (3d Cir. April 10, 2018).

Here, the insurance case concerned the duty to defend issue under New Jersey law which allows facts known outside complaint to determine that duty.  Unredacted information was not given to the insurance carrier in the first place, so it was held in the insurance case that there is no duty to defend.  The Court in the insurance case granted the carrier's motion for summary judgment that the carrier has no duty to defend.

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Posted by on April 17, 2018 at 06:06 AM in Duty to Defend, Secrecy |

Tags: conceal, concealed, defend, duty, evidence, New Jersey, redacted, seal

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