Standing Matters: Marshall V. Raritan Valley Disposal
July 8, 2009, 12:00 AM EDT
Law360, New York (July 8, 2009, 12:00 AM EDT) -- In Marshall v. Raritan Valley Disposal, 398 N.J. Super. 168 (App. Div. 2008), the New Jersey Appellate Division held that a policyholder lacks standing to pursue a claim for insurance coverage as an additional insured under other potentially responsible policies if all defense costs and liability payments were already made by its insurer.
Because the policyholder’s insurer and not the policyholder actually paid the settlement and all the litigation costs, the insurer must seek relief in its own name against any other potentially responsible insurer in...