Archive for July, 2014
Driver of Minivan Used as School Bus Entitled to PIP Benefits
In the case of Taveras v. Roman, 2014 N.J. Super. Unpub. LEXIS 1728 (App. Div. July 16, 2014), the court had to decide on appeal whether a minivan that is used as a school vehicle falls under the definition of “automobile” under N.J.S.A. 39:6A-2(a). The plaintiff Angela Taveras was injured in a motor vehicle accident […]
Judge’s Failure to Ask Any Open-Ended Questions in Voir Dire Merited Reversal of No Cause Verdict
Back in May 2007, the New Jersey Administrative Office of the Courts (“AOC”) issued a directive (Directive #4-07) to all trial court judges that required that some open-ended questions be asked of jurors during the voir dire process. In New Jersey, only the judges can question prospective jurors. The purpose of this directive was to […]
Court Holds Improper to Cross-Examine a Witness on Police Report not Offered into Evidence
Attorneys have a full arsenal of strategies at their disposal in the course of cross-examining an opposing party or witness during a trial in order to undermine that person’s credibility in front of a jury. “Impeachment by omission” is one such strategy whereby the attorney will use a fact stated by the witness at trial […]
Claim under Insurance Policy Denied Due to Failure to Give Notice as Soon as Practicable
In Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., 2014 N.J. Super. Unpub. LEXIS 1303 (App. Div. 2014), the plaintiffs, as assignee for Merl Financial Group (“MMI”), claimed that MMI’s insurance company wrongfully disclaimed coverage under an Officers, Directors, and Employees policy. This policy was a claims-made policy, which provided coverage only […]
No Loading And Unloading Coverage Found for Owner of Premises for Accident Caused by Defect in Loading Dock
In Burlington Coat Factory v. Jay Dee Trucking, 2014 N.J. Super. Unpub. LEXIS 1252 (App. Div. 2014), the Burlington Coat Factory (“Burlington”) sued Jay Dee Trucking (“Jay”) and its carrier National Specialty Insurance Co. (“National”), claiming that it was entitled to a defense and indemnification under a Trucker’s Policy issued to Jay for a lawsuit […]
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