Fact Issues Preclude Summary Judgment As To Whether Related Companies Constitute ‘Insureds’ And Whether Claims Are Related

Applying New Jersey law, the U.S. District Court for the District of New Jersey determined that issues of material fact precluded summary judgment as to whether certain companies with common ownership and operations qualified as ‘insureds.’ Tryko Mgmt. Svcs. LLC v. Lloyd’s Syndicate 3624 (Hiscox), 2023 WL 2706861 (D.N.J., Mar. 30, 2023). The court also denied the parties’ cross-motions for summary judgment as to whether certain lawsuits related back to a lawsuit filed prior to the policy period.

Eight related companies were named as defendants in three separate lawsuits brought by the same plaintiff.

The first lawsuit was filed against two of the eight companies and alleged trade secret misappropriation and breach of a confidentiality agreement. In the second lawsuit, four of the other related companies were sued for breach of fiduciary duties and overbilling. The third lawsuit was filed against the two remaining companies and alleged the same claims as the second lawsuit.