[brief] VI.  THE [...] POLICY PROVIDES LIABILITY COVERAGE ON AN “ALL RISKS” BASIS AND NO EXCLUSIONS APPLY (Raised Below: Pa279, Pa280, Pa281, Pa290, Pa291, Pa292) | 42 | | VII.  THE DOCTRINE OF REASONABLE EXPECTATIONS (Raised Below: Pa428; 2T:10-11) | 43 | | VIII.  PRE-DISCOVERY DISMISSAL DENIES PLAINTIFF’S RIGHT TO DEMONSTRATE THE BASIS OF RELIEF (Raised Below: Pa429; 2T5) | 44 | | IX.  THE COURT FAILED TO CONSIDER EXTRINSIC EVIDENCE INCLUDING VIDEO EVIDENCE  WHICH CONTRADICTS THE STATEMENTS MADE BY THE PROPERTY MANAGER AND TRIGGERS COVERAGE (Raised Below: Pa429; 2T: 5-6, 8, 9, 13-14)  | 44 | | X.  THE COURT’S REASONING IS INCONSISTENT WITH ITS ORDER DATED AUGUST 3, 2018 – WHICH DISMISSED THE HARASSMENT CLAIM (Raised Below: Pa429; 2T9) | 45 | | XI.  THE TRIAL COURT INCORRECTLY DECIDED THE FACTS; MISAPPLIED RELEVANT CASE LAW; AND APPLIED  THE WRONG LEGAL STANDARD TO DETERMINE IF THE “EXPECTED OR INTENDED” INJURY EXCLUSION APPLIES (Raised Below: Pa519; 2T:12-13) | 47 | | XII.  THE TRIAL COURT ABUSED ITS DISCRETION (Not Raised Below) | 57 | | CONCLUSION | 57 | | RELIEF REQUESTED | 58 | | TABLE OF JUDGMENTS, ORDERS AND RULINGS | |----------------------------------------| | Order dismissing Harassment Count against [...], August 3, 2018 | Pa439 | | Order dismissing complaint as to Defendant [...], August 7, 2023 | Pa378 | | Order dismissing complaint as to Defendant [...], August | Pa398 | | Order denying Motion for Reconsideration, October 11, 2023 | Pa520 | | Appendix document | Date | Page | |----------------------------------------------------------------------------------|------------|------| | Plaintiff's complaint against [...] and [...] Insurance | 12/09/2022 | Pa1 | | Certification of [...] in support of complaint | 12/09/2022 | Pa80 | | Exhibit I to Cert of [...] *(underlying complaint)* | 12/09/2022 | Pa182| | Exhibit J to Cert of [...] *(certification of [...])* | 12/09/2022 | Pa194| | Exhibit K to Cert of [...] *(certification of [...])* | 12/09/2022 | Pa207| | Exhibit U1 to Cert of [...] ([...] HO-6 Policy) | 12/09/2022 | Pa216| | Exhibit U2 to Cert of [...] ([...] claim denial) | 12/09/2022 | Pa241| | Exhibit U3 to Cert of [...] ([...] internal appeals panel) | 12/09/2022 | Pa245| | **-[...] INSURANCE COMPANY-** | | | | Notice of Motion to Dismiss filed by [...] | 03/20/2023 | Pa252| | Certification of [...] in support of Motion to Dismiss | 03/20/2023 | Pa254| | Exhibit A to certification of [...] *(see Pa1)* | 03/20/2023 | Pa256| | Exhibit B to certification of [...] *(see Pa182)* | 03/20/2023 | Pa257| | Exhibit C to certification of [...] *(see Pa216)* | 03/20/2023 | Pa258| | Exhibit D to certification of [...] *(see Pa80)* | 03/20/2023 | Pa259| | Plaintiff's brief in opposition to [...]'s motion to dismiss | 04/18/2023 | Pa260| | Certification of [...] in opposition to [...] | 04/18/2023 | Pa289| | Plaintiff's Exhibit E *(Municipal Court transcript 8/16/16)* | 04/18/2023 | Pa297| | Plaintiff's Exhibit M *(deposition of [...] page 1, 98-105)* | 04/18/2023 | Pa350| | Description | Date | Page | |----------------------------------------------------------------------------|------------|------| | Plaintiff’s Exhibit N (deposition of [...] page 479-484) | 04/18/2023 | Pa359 | | Plaintiff’s Exhibit O (certification of [...] 1-10-2017) | 04/18/2023 | Pa365 | | **ORDER** dismissal of complaint as to defendant [...] | 08/07/2023 | Pa378 | | **ORDER** dismissal of complaint as to defendant [...] | 08/07/2023 | Pa398 | | Notice of Motion for Reconsideration filed by Plaintiff | 08/28/2023 | Pa416 | | Plaintiff’s brief in support of Motion for Reconsideration | 08/28/2023 | Pa418 | | Plaintiff’s Certification of in support of motion | 08/28/2023 | Pa432 | | Plaintiff’s Exhibit B (see Pa378) | 08/28/2023 | Pa434 | | Plaintiff’s Exhibit C1 (see Pa260) | 08/28/2023 | Pa435 | | Plaintiff’s Exhibit C2 (see Pa289) | 08/28/2023 | Pa436 | | Plaintiff’s Exhibit E (see Pa1) | 08/28/2023 | Pa437 | | Plaintiff’s Exhibit F (see Pa80) | 08/28/2023 | Pa438 | | Plaintiff’s Exhibit G (ORDER dated 8/3/2018) | 08/28/2023 | Pa439 | | Plaintiff’s Exhibit H (see Pa182) | 08/28/2023 | Pa515 | | Plaintiff’s Exhibit I (see Pa194) | 08/28/2023 | Pa516 | | Plaintiff’s brief in reply to Defendants’ brief in opposition | 09/18/2023 | Pa517 | | **ORDER** denying Plaintiff’s Motion for Reconsideration | 10/11/2023 | Pa520 | | Notice of Appeal | 10/30/2023 | Pa522 | | Transcript Delivery Certification | 12/7/2023 | Pa525 | | Video Evidence, date mailed to the Appellate Division | 12/13/2023 | Pa526 | | Rule 2:6-1(a)(1)