A Capehart Scatchard Blog

Archive for May, 2016

UIM Step-Down Provision in Auto Policy Not Triggered When Other Policy is a “Special Policy” Providing No UIM Coverage

By on May 27, 2016 in Coverage, NJ Litigation with 0 Comments

The Defendant Elmer McCray rear-ended Plaintiff Vanessa Rivera (“Rivera”) while she operated a vehicle owned by her mother, Janet Torres-White, who was insured by NJM. Rivera had her own insurance under a special policy issued by National Continental Insurance Company. Rivera settled her personal injury claim against McCray for his policy limits of $15,000. The […]

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Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment

In a dispute against the executor of an estate, the two beneficiaries under the decedent’s will (Mark and Michael Balk) sued the executor (Mark Roseman) for breach of fiduciary duty and sought to remove him as executor. Ultimately, the parties reached an agreement, in which the executor Roseman agreed to execute a promissory note in […]

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Accident Caused by Rear-End Collision Does Not Automatically Establish Negligence of the Driver who Rear-Ended Other Vehicle

By on May 13, 2016 in Negligence, NJ Litigation with 0 Comments

Plaintiff, Marie Richardson, was injured while a passenger on a bus operated by her co-employee, Michelle Herbert (“Herbert”). As the bus approached a traffic light, it rear-ended the vehicle being driven by the defendant Helen Milling. A factual dispute existed as to the color of the traffic light at the intersection where the accident occurred […]

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Attorney Sanctioned for Shoddy Appellate Brief

By on May 6, 2016 in Blog, NJ Litigation with 0 Comments

Our New Jersey appellate court rules extensively detail the requirements for the form and content of an appellate brief. If the brief is nonconforming as to format, the Appellate Division clerk will not hesitate to require the format be revised to conform with our court rules and insist that the brief be resubmitted after it […]

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