A Capehart Scatchard Blog

New Jersey Enacts Bad Faith Law Covering the Payment of Uninsured/Underinsured Motorist Benefits

By on January 21, 2022 in Legislation with 0 Comments

On January 18, 2022, Governor Murphy signed into law the “New Jersey Insurance Fair Conduct Act” (“IFCA”) which creates a private cause of action for insurance bad faith in the handling and payment of claims for uninsured/underinsured (“UM/UIM”) benefits. Under the IFCA, a claimant “who is unreasonably denied a claim for coverage or payment of […]

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Injured Passenger Involved In Auto Accident Not Entitled To Underinsured Motorist Coverage Under Owner’s Business Insurance Policy

By on January 14, 2022 in Coverage, Insurance with 0 Comments

Plaintiff, Maria Lopez Menjivar, and her friend and plaintiff’s boyfriend, had just returned from visiting a casino in Pennsylvania.  Plaintiff’s friend had driven her minivan and parked it on the side street in Plainfield, near where the plaintiff and her boyfriend lived.  While plaintiff was a back seat passenger of the vehicle, the defendant Neltson […]

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Personal Injury Claim Against Church Barred by Charitable Immunity Act

By on January 7, 2022 in Negligence with 0 Comments

Plaintiff Michele Bass fell and suffered an injury while walking down an exterior staircase while attending a meeting at the defendant House of Prayer, Church of God in Christ of Orange. She claimed that she fell due to a negligent condition of the Church’s stairs, including dangerous cracks. The issue in Bass v. House of […]

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Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole

By on December 23, 2021 in Liability with 0 Comments

Plaintiff Giani Petty broke her ankle when she stepped into a pothole on a residential street in Newark.  The plaintiff sued the City of Newark for her injuries suffered as a result of the fall. The issue in Petty v. City of Newark, 2021 N.J. Super. Unpub. LEXIS 3122 (App. Div. Dec. 20, 2021) was whether […]

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Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint

By on December 17, 2021 in Litigation with 0 Comments

Plaintiff Mildred Valentin sued defendant Sabrina Pinckney for an automobile accident that occurred in October 2011.  However, she failed to successfully serve the defendant with the complaint until seven years later and, in the interim, the complaint had been dismissed for lack of prosecution.  The issue in Valentin v. Pinckney, 2021 N.J. Super. Unpub. LEXIS […]

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Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home

By on December 10, 2021 in Liability with 0 Comments

Plaintiff, Susan Mondie, tripped and fell on a raised sidewalk slab in front of the home owned by defendants, Christopher Linton and Tami Wolfelsperger.  Plaintiff claimed that the homeowners should be liable for her injury caused by her fall because a predecessor in title planted a pear tree next to the sidewalk and its roots […]

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Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle

By on December 3, 2021 in Claims with 0 Comments

Plaintiff Christopher Ricciardi sued Allstate Insurance Company for underinsured motorist (UIM) coverage.  He was injured in a January 15, 2017 collision with an underinsured motorist while driving his brother’s pickup truck during their move to Florida.  Allstate insured his brother’s pickup truck.  Plaintiff had a personal vehicle insured by GEICO.  The issue in Ricciardi v. […]

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Appellate Division Finds that Constructive Notice an Issue for Fall on Clear Liquid Near Store Checkout Counter

By on November 19, 2021 in Court Rulings with 0 Comments

Plaintiff Shirley Broadnax suffered injuries when she slipped and fell on clear liquid on the floor at a supermarket owned by the defendant AJS Supermarkets. The trial judge had granted summary judgment to the defendant on the basis that the Plaintiff failed to show that the defendant had actual or constructive notice of the “dangerous […]

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Appellate Division Upholds Defense Jury Verdict Against Plaintiff For Trip Over A Curb

By on November 12, 2021 in Court Rulings with 0 Comments

Plaintiff Angela Lash tripped over a curb while stepping onto a sidewalk at defendants’ car wash.  As a result, she broke her leg.  The issue in Lash v. Ultimate Hand Car Wash and Detail Center, LLC and Carpel Rt. 46 Associates, LLC, 2021 N.J. Super. Unpub LEXIS 2601 (App. Div. November 5, 2021), was whether […]

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Tax Returns Of Corporation Subject To Presumption Of Confidentiality When Requested In Civil Lawsuit

By on November 5, 2021 in Evidence with 0 Comments

Plaintiff Charles Parkinson filed a lawsuit against defendants Diamond Chemical Company, Inc. and Harold Diamond, claiming that he was wrongfully terminated based upon his age.  The defendants claimed that the plaintiff was fired for “legitimate, non-discriminatory reasons” and contended that the plaintiff was fired because his “performance had been subpar for some period of time […]

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