Vince Sicari (Sicari) operated his own law practice in New Jersey. He purchased a twelve-month insurance policy from The Hartford Insurance Company of the Midwest (Hartford) which was effective July 31, 2010. The policy included property, liability, and lawyers professional. The annual premium was $2,728 for the 2010 policy.

On May 31, 2011, 60 days prior to the renewal date, Harford reportedly mailed a letter to Sicari informing the attorney that there would be a reduction in coverage with respects to the lawyers professional. Attached to the letter was a notice that Harford was no longer including lawyers professional as an endorsement to their policy.

On June 21, 2011, Sicari signed a renewal application for lawyers professional liability and submitted this to the insurance broker. The broker forwarded the application to Hartford on July 13, 2011. Hartford did not respond to the application and issued a renewal policy for property and liability only. The annual premium was $663. This policy was also renewed. The 2011 and 2012 policies provided commercial general liability and business personal property; there was no lawyers professional liability coverage.

Sicari began receiving correspondence regarding professional liability from several insurance providers in June 2013. He contacted his broker and inquired about his own insurance. A few weeks later, the broker informed Sicari that his lawyers professional liability had lapsed. In July 2013 Sicari discovered a potential professional claim against him.

Sicari sued Hartford in the hopes of compelling Hartford to provide professional coverage in accordance with his June 2011 renewal application, retroactive to that date. Reportedly, Sicari became aware of the May 31, 2011 letter during the discovery process for this case. Sicari claimed to have no knowledge as to his lapse in coverage.

Hartford argued that the May 31, 2011 letter was proper notice of nonrenewal. Hartford also believed that Sicari should have been further alerted to a change in coverage based upon the difference of $2,079 in premium.

The trial court ruled in Hartford’s favor. Sicari appealed. The decision was affirmed.

Vince A. Sicari v. The Hartford Insurance Company of the Midwest, Docket No. A049215T1, Superior Court of New Jersey, Appellate Division, May 10, 2017.