John Ross and Pamela Ross, Plaintiffs-Appellants v. Karen A. Lowitz F/K/A Karen A. Santora; Calvin Haley, Susan…

Summary

The Supreme Court of New Jersey affirmed the appellate court’s summary‑judgment rulings, holding that the residential property owners could not be liable for private nuisance or trespass because there was no negligence, recklessness, intentional conduct, or abnormally dangerous activity, and that the insurers were not liable for a breach of the implied covenant of good faith and fair dealing because the plaintiffs were not third‑party beneficiaries of the insurance contracts. Justice LaVECCHIA, dissenting in part, would have allowed a failure‑to‑timely‑abate nuisance claim.