Slowinski Atkins, LLP defeats efforts to assert class action against all NJ insurers over fuel oil exclusion in homeowner policies

Slowinski Atkins, LLP defeated efforts by a class action attorney and former Carpenter Bennett & Morrissey partner to certify a class on behalf of all New Jersey policyholders to pursue claims against all New Jersey insurance companies that issued fuel exclusions in homeowner policies that denied coverage for NJDEP mandated cleanup costs arising out of home heating oil tank leaks. Slowinski Atkins, LLP filed a motion to dismiss on behalf of New Jersey Manufacturers Insurance Company. The trial court granted the motion based on the owned property exclusion and State, DEP v. Signo Trading International, 130 N.J. 51 (1992). The decision was affirmed on appeal and certification was denied by the New Jersey Supreme Court. Weiss v. New Jersey Mfrs. Ins. Co., 2015 WL 2259215 (N.J. Sup. A.D., May 15, 2015), certif. denied, 223 N.J. 281 (2015).