Davis v. 1982 Springfield Ave. LLC, — N.J.Super. – (App. Div. 2012)
Practice Areas: Insurance Coverage and Bad Faith
In an insurance coverage dispute wherein an insured tenant entered into a lease requiring her to make her landlord an additional insured for liability purposes on the tenant’s insurance policy ,but she forgot to do so, the Superior Court, Appellate Division reversed a trial Court that had reformed the insurance policy to provide such coverage on a theory that the tenant was negligent and the carrier would have provided the coverage if asked to do so. The Appellate Court held that the carrier could not be responsible for the unilateral mistake of the insured tenant and because there was no insurance coverage for the failure to request coverage.