Memorial Properties, LLC and Mount Hebron Cemetery Association, Inc. D/b/a Liberty Grove Memorial Park v. Zurich…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that neither the 2003 Assurance policy nor the 2006 Maryland policy provided coverage for the emotional‑distress claims arising from the illegal harvesting of human remains. The Court reasoned that the "occurrence" for the Assurance policy occurred in 2006, outside the policy period, and that the Maryland policy's "improper handling" exclusion expressly barred coverage. Consequently, the insurers had no duty to defend or indemnify Memorial Properties and Mt. Hebron.