AC OCEAN WALK v. AMERICAN GUAR.

A-28 September Term 2022 087304.

307 A.3d 1174 (2024)

256 N.J. 294

AC OCEAN WALK, LLC, Plaintiff-Appellant, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, AIG Specialty Insurance Company, and Interstate Fire and Casualty Company, Defendants-Respondents, and National Fire & Marine Insurance Company, Defendant.

Supreme Court of New Jersey.

Decided January 24, 2024.


Attorney(s) appearing for the Case

Stephen M. Orlofsky argued the cause for appellant AC Ocean Walk, LLC (Blank Rome, attorneys; Stephen M. Orlofsky , Michael A. Iannucci , Michael R. Darbee , Princeton, Justin F. Lavella of the District of Columbia and Virginia bars, admitted pro hac vice, and Alexander H. Berman of the District of Columbia and Virginia bars, admitted pro hac vice, on the briefs).

David R. Roth (Wiggin and Dana) of the Connecticut and New York bars, admitted pro hac vice, argued the cause for respondent American Guarantee and Liability Insurance Company (Ford Marrin Esposito Witmeyer & Gleser and Wiggin and Dana, attorneys; Edward M. Pinter , Jon R. Grabowski , Caroline McKenna , David R. Roth , and Jeffrey R. Babbin (Wiggin and Dana) of the Connecticut and District of Columbia bars, admitted pro hac vice, on the joint briefs).

Brett Solberg of the Texas bar, admitted pro hac vice, argued the cause for respondent Interstate Fire & Casualty Company (DLA Piper, attorneys; Michael D. Hynes , on the joint briefs).

Keith Moskowitz of the Illinois, New York, and Connecticut bars, admitted pro hac vice, argued the cause for respondent AIG Specialty Insurance Company (Dentons US, attorneys; Shawn L. Kelly , on the joint briefs).

Nicholas M. Insua argued the cause for amicus curiae United Policyholders (Reed Smith, Lite DePalma Greenberg & Afanador, and Hunton Andrews Kurth, attorneys; Nicholas M. Insua, Bruce D. Greenberg, Kevin V. Small, Lorelie S. Masters (Hunton Andrews Kurth) of the District of Columbia and New York bars, admitted pro hac vice, Michael S. Levine (Hunton Andrews Kurth) of the District of Columbia, New York, Massachusetts and Virginia bars, admitted pro hac vice, and Olivia G. Bushman (Hunton Andrews Kurth) of the District of Columbia, Virginia, and California bars, admitted pro hac vice, on the brief).

Sherilyn Pastor submitted a brief on behalf of amicus curiae Restaurant Law Center (McCarter & English, attorneys; Sherilyn Pastor and David R. Kott, of counsel and on the brief).

Daniel E. Bryer submitted a brief on behalf of amici curiae Insurance Council of New Jersey, American Property Casualty Insurance Association, and National Association of Mutual Insurance Companies (Robinson & Cole, attorneys; Daniel E. Bryer and Wystan M. Ackerman of the Connecticut, New York, and Massachusetts bars, admitted pro hac vice, on the brief).

Michael A. Moroney submitted a brief on behalf of amicus curiae Medical Society of New Jersey (Flynn Watts, attorneys; Michael A. Moroney, on the brief).

Esther Berezofsky submitted a brief on behalf of amicus curiae New Jersey Association for Justice (Motley Rice New Jersey, attorneys; Esther Berezofsky, on the brief).


In this insurance coverage action, plaintiff AC Ocean Walk, LLC (Ocean Walk) seeks coverage under its commercial property insurance policies for losses sustained during the pandemic caused by the SARS-CoV-2 virus (the COVID-19 pandemic).

Ocean Walk, which operates a casino and other entertainment...

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