CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SUNDAY, AUGUST 16, 2026

New Jersey Supreme Court Reinforces the Importance of Timely Reservation of Rights

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August 16, 2026
Bethany L. Barrese - Saxe Doernberger & Vita, P.C.

New Jersey has long recognized that an insurer seeking to preserve defenses to coverage must properly notify its insurer through a reservation of rights. Once the insurer receives knowledge of a potential basis for denying the claim, they must promptly inform the insured of a potential disclaimer.[1] An insurer that fails to do so within a reasonable amount of time may be estopped from denying coverage later, with estoppel determinations being made on a case-by-case basis.

Ms. Barrese may be contacted at BBarrese@sdvlaw.com


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