Deborah President and Perry President, Plaintiffs v. Dr. Reginald Jenkins, Defendant-Appellant, and St. Barnabas…

Summary

The Supreme Court of New Jersey held that the Zurich "claims made" policy was ambiguous, requiring a factfinder to determine Dr. Jenkins's reasonable expectations, and therefore reversed the summary judgment in favor of Zurich; it also held that C & R Insurance Agency did not breach any duty of care, affirming summary judgment for the agent. Justice Verniero concurred in the agent finding but dissented in part, arguing the insurer should also prevail.