Edward K. Zuckerman, Esq., Plaintiff-Appellant v. National Union Fire Insurance Company, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision that the insurer's "claims made" policy limitation requiring notice of a claim during the policy period is enforceable. The Court rejected the application of the Cooper doctrine of appreciable prejudice to such policies and held that public policy does not require a relaxed construction of the notice provision. Consequently, the insurer was not obligated to defend or indemnify the attorney for a malpractice suit reported after the policy expired.