Overview

Tom Hastings is an accomplished litigator and counselor, with particular experience in appeals and the defense of liability insurers in complex insurance coverage and extra-contractual liability actions. His practice also includes commercial and business tort litigation and product liability matters. Tom’s trial experience includes serving as first chair in a several-month environmental insurance coverage action. His appellate work includes appeals of substantial commercial and personal injury verdicts and insurance coverage determinations.

Representative Experience

  • A favorable answer by the New Jersey Supreme Court to a certified question concerning the application of the “made-whole” doctrine, and the subsequent affirmance by the Third Circuit of summary judgment for a workers’ compensation insurer in a dispute over the distribution of lien proceeds, in Asbury Park v. Star Insurance Co. (2020).
  • Summary judgment for an insurer in a priority of coverage dispute in A.J.D. Construction Co. v. Twin Resources, Inc. (2020).
  • The affirmance by the New Jersey Appellate Division of summary judgment for a pool liner installer in a diving injury case in Tran v. Nguyen (2018).
  • The dismissal, in favor of arbitration, of an order to show cause against a home warranty insurer in Enea v. NJ Office of Dispute Settlement (2017).
  • The reversal of a jury verdict against a hospital for breach of its contracts with a group of physicians in Vosough v. Kierce, 437 N.J. Super. 218 (App. Div. 2014).
  • The dismissal of tortious interference claims against a third-party insurance administrator, affirmed by the Appellate Division, in Dooley v. La Padula (2014).
  • Summary judgment for an auto insurer, affirmed by the Appellate Division, recognizing a limitation on the “permissive use” doctrine, in Hudeen v. Smith (2014).
  • The affirmance by the Appellate Division of an order striking an award of punitive damages against an employer in a CEPA action in Phillips v. Marriott Ownership Resorts, Inc. (2012).
  • Summary judgment for an insurer in an additional insured coverage dispute, affirmed by the Appellate Division, in Smith v. Toys “R” Us, Inc. (2012).
  • The 99% remittitur of a pain and suffering award in a workplace exposure case, sustained on appeal by the Appellate Division, in Webb v. Troy Corp. (2007).
  • The unanimous reversal by the New Jersey Supreme Court of a plaintiff’s verdict against a property owner, in light of the plaintiff’s refusal to testify at trial, in Gonzalez v. Safe and Sound Security Corp., 185 N.J. 100 (2005).

Professional Recognition

  • Selected into Best Lawyers in America® “Lawyer of the Year” List in the area of Insurance Law in Princeton, 2022
  • Selected to Best Lawyers in America® in the area of Insurance Law, 2006–Present

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Representative Experience

  • A favorable answer by the New Jersey Supreme Court to a certified question concerning the application of the “made-whole” doctrine, and the subsequent affirmance by the Third Circuit of summary judgment for a workers’ compensation insurer in a dispute over the distribution of lien proceeds, in Asbury Park v. Star Insurance Co. (2020).
  • Summary judgment for an insurer in a priority of coverage dispute in A.J.D. Construction Co. v. Twin Resources, Inc. (2020).
  • The affirmance by the New Jersey Appellate Division of summary judgment for a pool liner installer in a diving injury case in Tran v. Nguyen (2018).
  • The dismissal, in favor of arbitration, of an order to show cause against a home warranty insurer in Enea v. NJ Office of Dispute Settlement (2017).
  • The reversal of a jury verdict against a hospital for breach of its contracts with a group of physicians in Vosough v. Kierce, 437 N.J. Super. 218 (App. Div. 2014).
  • The dismissal of tortious interference claims against a third-party insurance administrator, affirmed by the Appellate Division, in Dooley v. La Padula (2014).
  • Summary judgment for an auto insurer, affirmed by the Appellate Division, recognizing a limitation on the “permissive use” doctrine, in Hudeen v. Smith (2014).
  • The affirmance by the Appellate Division of an order striking an award of punitive damages against an employer in a CEPA action in Phillips v. Marriott Ownership Resorts, Inc. (2012).
  • Summary judgment for an insurer in an additional insured coverage dispute, affirmed by the Appellate Division, in Smith v. Toys “R” Us, Inc. (2012).
  • The 99% remittitur of a pain and suffering award in a workplace exposure case, sustained on appeal by the Appellate Division, in Webb v. Troy Corp. (2007).
  • The unanimous reversal by the New Jersey Supreme Court of a plaintiff’s verdict against a property owner, in light of the plaintiff’s refusal to testify at trial, in Gonzalez v. Safe and Sound Security Corp., 185 N.J. 100 (2005).

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