BMMP’s William J. Mitchell Wins Summary Judgment in New Jersey Superior Court on Insurable Interest/Anti-Assignment Case

In Jian Shen v. Hyundai Marine & Fire Ins. Co., plaintiff sought insurance coverage after transferring all of her right, title, and interest in real property to an LLC.  After the property incurred fire damage, plaintiff filed suit against her homeowner’s insurer, claiming she never lost her insurable interest, to hold otherwise was against public policy, and therefore she was entitled to coverage.  On behalf of the insurer, BMMP’s William J. Mitchell supervised the case and argued the motions before Judge Christopher D. Rafano of the New Jersey Superior Court, Middlesex County.  The court granted Hyundai’s motion to dismiss the complaint with prejudice, finding the plaintiff lost her insurable interest and violated the anti-assignment clause of the policy and pursuant to N.J.S.A. 17:36-5.19.

Read the full text of the Decision here