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Archive for August, 2014

Third Circuit Rejects Argument That Plaintiff Was Not Required to Reimburse Medicare for Medical Expenses Incurred for Accident

By on August 21, 2014 in Blog, NJ Litigation with 0 Comments
Third Circuit Rejects Argument That Plaintiff Was Not Required to Reimburse Medicare for Medical Expenses Incurred for Accident

Plaintiff Cecilia Taransky appealed to the Third Circuit Court of Appeals, claiming that she was not required to reimburse Medicare for conditional medical expenses advanced on her behalf as a result of a trip and fall accident. In Taransky v. Sec’y of the United States HHS, 2014 U.S. App. LEXIS 14408 (3rd Cir. 2014), the […]

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Plaintiff’s Inability to Apportion Damages between Two Successive Accidents Does Not Bar His Claims

By on August 14, 2014 in Blog, NJ Litigation with 0 Comments

Plaintiff Philip Biazzo (“Biazzo”) had the misfortune to be rear ended twice in a single afternoon. He sued the drivers of both vehicles. As a result of both accidents, he claimed injury to his neck, back, and shoulders. He had suffered prior back and shoulder injuries but Biazzo claimed he had been asymptomatic for years. […]

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Appraisal Provision in Property Coverage Policy Not Equivalent to Arbitration Agreement

By on August 6, 2014 in Blog, NJ Litigation with 0 Comments

Plaintiffs German Automotive of Tinton Falls, Inc. and its owners Nicholas and Robyn Rossi suffered damage to their building when a vehicle driven by Rafael Vera-Hernandez drove into it. At the time, their building was insured under a Deluxe Garage Owners Policy with Harleysville Insurance Co. A dispute ensued with Harleysville as to the extent […]

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