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Christopher B. Block

Co-Chair, Real Estate E&O Liability Practice

Portrait of Christopher B. Block

Chris actively defends matters for a variety of clients from individuals to small businesspeople to medium sized and large insurance companies throughout New Jersey and New York. His practice includes matters involving premises liability, product liability, amusements, sports and recreation, construction accidents, automobile, condominium/community association law and dram shop/liquor liability. He also represents home inspectors and real estate agents involved in mold and other environmental claims. Chris defends professional malpractice matters brought against lawyers, real estate professionals, insurance agents and brokers, appraisers, architects and engineers. He has also defended a wide range of employment matters including the defense of gender and race claims.

Christopher has conducted over a dozen jury trials in state and federal venues in both New Jersey and New York, including most recently in Union and Morris counties in New Jersey. At trial he has litigated matters that range from complicated federally based legal malpractice claims to state court casualty cases.

In his career, Chris has defended product liability lawsuits brought against one of the nation's largest crane manufactures and freezer manufacturers. His representation extends to some the nation's largest insurance companies as well as a large brokerage firm.

Chris received his juris doctor from Widener University School of Law and a Bachelor of Science from the University of Pittsburgh. He is admitted to practice in New Jersey and New York.

    • Widener University Delaware Law School (J.D., 1996)
    • University of Pittsburgh (B.S., 1993)
    • New Jersey
    • New York
    • U.S. District Court District of New Jersey
    • Litigation Management Institute, Graduate 2019 (CLMP)
    • Certified Claims Professional (CCP), Claims and Litigation Management Alliance (CLM)
    • New Jersey Bar Association
    • New York Bar Association
    • Professional Liability Defense Federation (PLDF), Director of Membership Development
    • Claims and Litigation Management Alliance (CLM)
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, September 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Presentation, April 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Webinar, February 4, 2025
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, September 2024
    • The Seven-Ten Split Mock Trial: Navigating Agent Errors & Omissions, The Annual Professional Insurance Agents (PIA) Conference, Atlantic City, New Jersey, June 2, 2024
    • Emerging Claims Against Home Inspectors, Marshall Dennehey Client Seminar, March 9, 2022
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, Virtual, 2021
    • Civil Litigation State of Affairs – The Impact of COVID-19 in Pennsylvania and New Jersey & What’s Next, Marshall Dennehey Client Webinar, May 2021
    • Casualty Claims Evaluation, CLM Claims College School of Casualty Claims – Level 1, Virtual, 2020
    • Anatomy of a Real Estate Transaction: How Actions of Participants Give Rise to Claims, Client Presentation, July, 2019
    • Defending Real Estate Agents, Title Agents and Home Inspectors, PLDF Annual Conference, New Orleans, LA, October, 2018
    • Expert Witnesses - Using New Jersey Court Rules To Your Advantage, National Business Institute, Newark, NJ, November 2015
    • Top Ten Ways to Keep Your PL Claims Professional Happy , PLDF Annual Conference and CLE/CEU Presentation, Washington, DC, September, 2014
    • Ethical Claim Negotiations, CEU Institute, Parsippany, NJ, January 2014
    • Primer on Claims and Risk Management Issues for Real Estate Agents and Home Inspectors, PLDF Annual Conference and CLE/CEU Presentation, Chicago, IL, October 2013
    • Liabilities and Obligations for Real Estate Professionals, Lorman Education Services, September 2012
    • Obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent.   
    • Obtained a defense verdict in a one week trial in Hudson County, New Jersey in a case where plaintiff alleged that the defendant insurance producer failed to alert plaintiff of a policy coming up for renewal and then failed to advise plaintiff that the policy had lapsed and that plaintiff had no insurance. The plaintiff claimed that defendant breached a duty of care in a claim for professional negligence. Due to the breadth of the insurance policy at issue, the claim against the defendant was for $500,000. Christopher argued and was able to establish that any potential breach of contract or breach of a professional duty of care was not the proximate cause of plaintiff’s damages. After an hour and fourteen minutes, the jury agreed and found that plaintiff could not establish a proximate cause between the alleged breach of a duty of care and plaintiff’s damages. 
    • Obtained summary judgment in Hudson County in favor of a project manager in a serious bicycle accident lawsuit. Plaintiff was thrown off his bike after striking a significant pothole in front of a building where our client performed work several years earlier. We successfully argued that plaintiff’s alleged attempts to connect our client with the existence of the pothole were far too attenuated to be of any assistance to a jury. Following oral argument, Judge agreed and granted summary judgment.
    • Successfully won a motion to strike plaintiff’s expert in a complicated New Jersey professional malpractice matter. In this case, following two rounds of briefing and two rounds of oral argument, the court agreed that plaintiff’s expert’s opinion was a net opinion and did not provide any substance or evidence of a lack of a duty of care.  
    • Obtained a summary judgment on behalf of our client. The plaintiff was injured when she fell from a 25-foot rock-climbing wall at our client's facility.  After reaching the summit of the wall, plaintiff, a certified climber, pushed off to begin repelling down, only to realize that she forgot to connect to the auto-belay system.  She proceeded to fall to the ground and fractured both ankles for which she underwent open reduction internal fixation surgery.  Plaintiff had previously visited the client's facility approximately 35 times and had executed a liability waiver on each occasion, including the date of the accident.  We moved for summary judgment to dismiss plaintiff's Complaint based on the fact that the liability waiver was enforceable.  Plaintiff argued that the liability waiver was only enforceable as to her claims of ordinary negligence and that the issue of whether the defendant was grossly negligent was a triable issue of fact.  However, we successfully argued that no reasonable jury could find that the client was grossly negligent based on the client's testimony of the safety procedures, protocols and equipment in place at the rock-climbing gym. Accordingly, the Court granted our motion for summary judgment dismissing plaintiff's Complaint, in its entirety, against the client.
    • Successfully defended the manufacturer of a manlift in a wrongful death product liability claim where the plaintiff, the lift operator, was crushed in the lift.
    • Obtained a dismissal in a legal malpractice claim in federal district court of New York where fraud and damages in excess of $8 million dollars were alleged.
    • Represented a national broker dealer in a New York Labor law claim where serious multiple bodily injuries were alleged. All claims were favorably resolved.
    • Negotiated stipulation of dismissal with prejudice without any monetary contribution in favor of large national crane company sued in a wrongful death matter.  Plaintiff's widow claimed the crane malfunctioned causing a fatality.
    • Successfully resolved a claim against a real estate agent for failure to disclose a known conflict during dual representation including allegations of consumer fraud and forgery.

Results

Defense Verdict Returned After Short Jury Deliberation in High-Exposure New Jersey Trucking Case

Christopher Block and Paul Lanza (both of Roseland) successfully obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent. The trial team was assisted by associate attorney Haleigh Catalano and paralegal Kelly Dermody who provided critical support with motions in limine and trial management.

Summary Judgment Secured in New Jersey Water Damage Case

We achieved summary judgment for our client, a commercial plumber, in the Cape May County Superior Court. The plaintiff alleged water leakage in the parking garage of a beach resort hotel resulted from defective plumbing work by the defendant. Specifically, the plaintiff argued that improper connections between the plumber’s pipes and the drainage system caused the leaks. The defense motion for summary judgment demonstrated that the defendant’s scope of work was limited to garage plumbing, performed according to specifications and unrelated to the waterproofing membrane or drainage system design flaws identified as the cause of the leaks. The court granted summary judgment, holding that the defendant owed no duty to the plaintiff beyond the limited scope of their work and dismissed all claims. The court denied the plaintiff’s motion for reconsideration.   

Thought Leadership

Legal Updates for Real Estate E&O Liability

Protecting Real Estate Professionals with Renewed Strength and Expanded Reach

November 1, 2025

We are excited to announce the reinvigoration of our Real Estate Professional Liability defense team, servicing clients in eight states including Delaware, Florida, Maryland, New Jersey, New York, Ohio, Pennsylvania and West Virginia. Our Real Estate E&O Liability Practice Group represents real estate professionals and related service providers in high-stakes civil litigation across a wide range of claims. We have extensive experience defending real estate brokers, agents, and REALTORS® against malpractice and breach of duty allegations stemming from residential and commercial transactions, as well as those who play critical roles in facilitating these transactions, including title agents, abstractors, surveyors, mortgage brokers, appraisers, home inspectors and title insurance companies.  Our attorneys understand the complexities of real estate law and the nuances of professional standards in each of the jurisdictions in which we practice, allowing us to craft targeted defenses that protect our clients’ reputations and livelihoods. We are creative, proactive and strategic, working closely with our clients and their insurers to craft a formidable defense, often helping to resolve matters through negotiation or early motion practice pre-suit. When litigation is unavoidable, we bring deep courtroom experience and an unwavering commitment to defending our clients through trial and appeal, if necessary. We know that for professionals involved in real estate, litigation can be both financially and professionally disruptive. That’s why we prioritize efficient case management, cost-effective strategies and clear communication throughout the life of a case. Our goal is always to protect our clients’ interests while minimizing the impact on their business operations and professional standing. With a team that blends deep legal knowledge and real-world insight into the real estate industry, we are trusted counsel to professionals facing complex and often emotionally-charged disputes. Whether the matter involves a multimillion-dollar commercial deal or a single-family home transaction, our attorneys bring the same level of dedication and attention to detail. We are proud to be a reliable defense partner for real estate professionals and the businesses that support them. When your work is under scrutiny, you need a legal team that understands the stakes—and how to win.  Legal Update for Real Estate E&O – November 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Legal Updates for Insurance Agents & Brokers

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

June 27, 2025

On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing services within the scope of their professional licensure. The decision resolved a lingering question as to whether Shaw v. Shand, which narrowed the scope of the CFA’s learned professional exception and held that licensed home inspectors were not exempt, had implicitly overruled or undermined Plemmons v. Blue Chip Insurance Services, a long-standing case holding that insurance producers are not subject to CFA liability due to their regulated, semi-professional status. Lowe arose from a dispute involving a neurosurgeon who alleged that his longtime insurance brokers failed to properly advise him about the scope of coverage under various disability insurance policies. After benefits were denied, the plaintiff filed suit, asserting, among other things, claims for professional negligence and a violation of the CFA. The trial court granted the defendants’ motion to dismiss the CFA claim, relying on Plemmons, which held that insurance brokers, as semi-professionals subject to rigorous statutory and regulatory oversight, are not subject to CFA liability for services rendered in their licensed role. On appeal, the plaintiff argued that Shaw v. Shand rejected the premise that semi-professionals could qualify for CFA immunity and, thereby, narrowed the exemption to only those historically recognized as learned professionals, such as doctors and lawyers. The Appellate Division disagreed, reaffirming Plemmons and holding that Shaw did not overrule it. The panel emphasized that Shaw involved home inspectors, not insurance producers, and that its discussion of the learned professional exception was not intended to apply beyond the context of that case. The court found no basis to depart from the established principle that insurance producers are exempt from CFA claims arising out of their professional services, particularly where they are governed by a detailed regulatory scheme. The panel also noted that the Legislature has not acted to modify or abrogate Plemmons since it was decided in 2006. That continued legislative silence, the court reasoned, reinforces the conclusion that insurance producers remain outside the scope of the CFA when acting in their licensed capacity. Although the opinion is currently unpublished, it may be approved for publication in the future and is likely to carry significant persuasive weight in trial courts throughout the state. It provides important clarification for insurers, brokers and litigants by confirming that the CFA does not apply to the core functions performed by licensed insurance professionals. Impact This decision offers welcome clarity to insurance professionals and defense counsel, particularly in light of inconsistent trial-level interpretations following Shaw. By reaffirming Plemmons, the New Jersey Appellate Division confirmed that insurance producers are not subject to CFA liability when performing licensed services, even in the face of arguments that Shaw narrowed the scope of the professional exemption. Lowe reinforces the separation between consumer fraud claims and professional malpractice, and it provides a strong basis for motions to dismiss CFA claims currently pending against brokers. While unpublished for now, Lowe is poised to become a key authority in resolving the applicability of the CFA in professional services litigation.    Legal Update for Insurance Agents & Brokers- June 27, 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

United State District Court for the Middle District of Florida finds Evidence of Replacement Cost Value is Admissible and Recoverable Even When Repairs Have Not Been Made

The plaintiff filed a claim for damage as a result of Hurricane Ian. It claimed damages were over $24 million, but the carrier accepted partial coverage and paid $8,307.49 for secondary components. The carrier found hurricane damage to the building, but it was below the insurance policy’s $3.6 million deductible. The plaintiff sued for breach of the insurance policy. The carrier argued in a motion for summary judgment that plaintiff could not recover replacement cost value (RCV) because the property repairs had not been effectuated. The policy provided for RCV, but only after the repairs were completed. The carrier argued that because the repairs were not completed, the plaintiff was not entitled to RCV damages. The plaintiff argued the carrier could not withhold the actual cost value (ACV) due, which was the main allegation of the lawsuit, then fault it for not making the repairs to unlock the RCV. The United States District Court for the Middle District of Florida rejected the carrier’s argument, finding that when an insurer allegedly breached the policy by withholding coverage, it could not hide behind a repair-contingent provision to block the insured from RCV damages at trial. The court found the issue to be whether the contractual language designed to preclude certain coverage until after repairs are completed barred an insured from seeking those damages at trial when repairs were not complete. The court noted the Eleventh Circuit had not resolved this issue and neither side pointed to a definitive answer from the Florida Supreme Court. The court reasoned that it must look to the Sixth District Court of Appeal (6th DCA), which is the court which would have heard this case if it was in state court. The court noted the 6th DCA recently addressed this issue in Universal Prop. & Cas. Ins. Co. v. Rodriguez, 427 So. 3d 676 (Fla. 6th DCA 2026). The Rodriguez Court found that a breach of contract action is designed to adjudicate not only whether the contract was breached, but also evaluate the damages incurred had the breach not occurred, which the Rodriguez court found to be recovery of the RCV. This court also noted basic Florida contract principles compelled the same result, as a material breach frees the nonbreaching party to suspend its own performance and can demand the full benefit of its bargain, including RCV damages. Finally, the court found the distinction between a full denial and partial denial did not compel a different result. It found the policy required the carrier to acknowledge coverage and pay ACV for all covered damages, and the failure to do that is a material breach, entitling the insured to all of the damages available under the contract, which included the RCV.

Thought Leadership

Appeals Court Reverses Trial Court Order Awarding Attorney’s Fees Due to Lack of Evidence to Support Fee Awarded

The Fourth District Court of Appeal reversed the trial court’s order awarding appellate fees to People’s Trust Insurance Company based upon a lack of evidence to support the attorney’s fee award in RM & Assocs. Consulting, Inc. v. People's Trust Ins. Co., 2026 Fla. App. LEXIS 4654 (Fla. 4th DCA 2026). People’s Trust was the insurer of a residential property that had sustained water damage. RM & Associates Consulting was hired by the homeowner to perform mitigation services at the property. The homeowner assigned post-loss benefits to RM and RM subsequently filed suit against People’s Trust alleging that it had not been paid the money it was owed for the mitigation services. People’s Trust defended the lawsuit on the ground that the policy required the insured to notify the insurer before authorizing repairs so People's Trust could elect to use its preferred contractor. Because the owner did not comply with that provision, People's Trust asserted its liability was limited to the amount that its preferred contractor would have charged for the work, which People's Trust contended was $2,000. People's Trust paid that amount to RM before RM filed suit. People’s Trust filed a motion for summary judgment which was granted. RM appealed the summary judgment ruling and the ruling was upheld by the Fourth District Court of Appeal. The appellate court also granted People’s Trust’s entitlement to appellate attorney’s fees, subject to the trial court’s determination of the amount of fees, based upon an offer of judgment made by People's Trust. On remand, the trial court held an evidentiary hearing to determine the amount of attorney’s fees People’s Trust was entitled to. At the hearing, People’s Trust presented testimony from it’s fee expert, supervising trial counsel and appellate counsel. People’s Trust sought recovery of $24,866.17 for work performed by appellate counsel. The request primarily consisted of work performed in preparation of the answer brief. The fee expert testified that more than ninety hours spent preparing the answer brief was reasonable given the complexity and significance of the underlying issue. The appellate court found that the fee expert’s testimony fell short of meeting the necessary standard of demonstrating that the hours expended were necessary. The appellate court found that the billing records did not serve to cure the deficient testimony, as the billing records did not contain adequate details regarding the specific tasks performed. Rather the records contained entries such as “answer brief” which the appellate court found to be insufficient. The appellate court noted that neither the fee expert or counsel addressed how the prior research and briefing in the parallel litigation informed the work in the instant matter. The appellate court noted this was significant in that a court's attorney's fees award must exclude excessive, redundant, or otherwise unnecessary hours, citing Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). Based upon the record failing to support the finding of the trial court, the 4th DCA remanded the case to the trial court for a reconsideration and redetermination of reasonable appellate attorney’s fees supported by competent substantial evidence. The 4th DCA reiterated that the fee expert’s focus on the quality of the work and the importance of the work to People’s Trust did not make up for the perceived deficiencies in the position that spending over ninety hours on a single answer brief was reasonable. Whether moving for attorney’s fees or challenging the amount of fees being sought by an opposing party, practitioners should be mindful of the evidence being used to support the claims being made. Parties should pay close attention to whether the hours being sought may be impacted by prior litigation either party may have engaged in. A party must be prepared to address how prior litigation efforts did or did not impact the amount of hours being claimed in current litigation. Lastly, billing records must be sufficiently detailed so as to support any potential future fee claim.

Thought Leadership

First DCA Reverses Excessive Jury Award Unsupported by the Evidence

In December 2019, the plaintiffs filed a claim with Universal for damages caused by a water and sewage back up through the plumbing system and existing through multiple fixtures including the washing machine drain, kitchen sink, dishwasher, bathtub and toilet. Universal investigated the claim, issued payment for resulting water damage totaling $7,000.00 in actual cash value ($12,000.00 in replacement cost value). The plaintiffs sought additional benefits for work needed to access the below-slab cast iron plumbing system due to the failure of the system from rust, deterioration, corrosion and breaks in the line. Universal denied any additional benefits for access. In 2021, the plaintiffs filed suit. During litigation, Universal sent a plumber to inspect the home and the plumber concluded the pipes were clogged but could be cleaned. The plaintiffs’ plumber testified that the plumbing system needed to be replaced due to holes and openings in the pipes. The plaintiffs introduced two estimates prepared by Triad Restoration services totaling $79,680.22 in replacement cost value and $50,219.97 in actual cash value and an executed contract with another company for repairs with the amounts of repair redacted. Since the insurance policy did not provide coverage for repair or replacement of the plumbing system, the jury only had to decide whether the plumbing system needed to be replaced, and if it did, Universal would owe for the access costs; the jury verdict form required the jury to determine both the replacement cost value and actual cash value amounts. The jury asked if it had to rely on the Triad estimates for their amounts. The trial court advised the amount awarded had to be based on the evidence presented at trial and the law given by the trial court. The jury awarded $335,000.00 in replacement cost value or $305,000.00 in actual cash value. Universal motioned for a new trial arguing the amount awarded was unsupported by the evidence and then moved for remittitur. The trial court denied both motions and this appeal followed. The court found that while a jury’s verdict should only be disturbed with caution and discretion, the trial court must give the properly challenged award close scrutiny and determine whether it bears a reasonable relation to the damaged provided, is supported by the evidence, and could have been reached in a logical manner by reasonable means §768.74(3), (5)(d)-(e), Fla. Stat. The court found the trial court did consider the statutory requirements at the hearing on Universal’s remittitur motion and was concerned about a reasonable relation to the amount of damages proved and injury suffered and whether the award was supported by the evidence, but ultimately denied the motion, reasoning that the jury had been properly instructed to fairly and adequately compensate the plaintiffs. The court noted the only evidence providing the basis for the jury verdict was Triad’s estimates and those valued the plaintiffs' claimed loss at $79,680.22 in replacement cost value and $50,219.97 in actual cash value; no valuation evidence reasonably supported the jury verdict. The plaintiffs argued that the jury was entitled to consider more than the estimates, but the court conveyed the evidence provided did not give the jury a way to reach the amounts they awarded. The court was also not swayed by the plaintiffs’ argument regarding inflation and later price increases, but the court noted that no evidence via the contract, nor testimony regarding increase in labor, material, fuel or construction costs were entered into the record.  The court concluded the jury may draw reasonable inferences from the evidence, but it may not supply a damages number by speculation. The court did not find any of the plaintiffs’ remaining argument persuasive either. The court reversed the denial of Universal’s remittitur motion and motion for new trial as to damaged and remanded the case. The court ended its opinion with advising the trial court must determine whether replacement cost value or actual cash value is the property measure of damages under the policy and order remittitur in an amount consistent with that determination and the evidence.