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 Division’s grant of summary judgment dismissing the Rosses’ private nuisance, trespass, and bad‑faith insurance claims. The Court held that the property owners could not be liable because the oil‑storage tank did not involve an abnormally dangerous activity and there was no proof of fault, and that the insurers were not liable because the plaintiffs were not third‑party beneficiaries of the insurance contracts. Justice LaVECCHIA, dissenting in part, would permit a failure‑to‑abate nuisance claim. The decision rests on Restatement (Second) of Torts §§ 822, 824, 839 and New Jersey summary‑judgment standards.