#TBT Throwback Thursday, Rova Farms v. Investors Insurance Company of America

Originally published by Jason Cieri.

For this throwback Thursday we are going way back to 1974. While Rova Farms Resort Inc. v. Investors Insurance Company of America1 is a personal injury case, it does have transitive language for broker negligence actions involving E&O policies.
It all started when a severe personal injury happened at the premises of Rova Farms, which operated as a recreational resort. Investors Insurance Company of America issued a general liability policy to Rova Farms up to $50,000. The policy also obligated Investors to defend any suit against the insured alleging such an injury. The policy was in full force and effect when a patron of Rova Farms dove head first into a 3-4 foot deep section of the lake and was severely injured when his head struck the bottom of the lake. During the investigation, Rova Farms retained its own counsel, Nathaniel Roth, due to the potential of the added charge of willful and wanton negligence on behalf of Rova Farms. All counsel for Rova discussed the very real…

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