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 fact finder to determine Dr. Jenkins's reasonable expectations and therefore reversed the summary judgment in favor of Zurich and remanded for further proceedings. The Court also held that the insurance agent C & R did not breach any duty of care, affirming summary judgment for the agent. Justice Verniero filed a concurrence in part and dissent in part, agreeing with the majority on the agent issue but disagreeing on the insurer coverage analysis.