A Capehart Scatchard Blog

Archive for April, 2018

Plaintiff’s Failure to Notify His Auto Insurance Carrier of Litigation Against Underinsured Tortfeasor Bars UIM Claim

By on April 20, 2018 in Litigation, NJ Litigation with 0 Comments

Plaintiff Robert Ferrante was injured in an automobile accident in which the other motorist (“the tortfeasor”) caused the accident. Without informing his automobile insurance company, New Jersey Manufacturers (“NJM”), Plaintiff filed a lawsuit against the tortfeasor, participated in mandatory arbitration, rejected the award and asked for a trial de novo, refused a settlement offer, tried […]

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New Jersey Appellate Court Refuses to Recognize Tort Claim for Negligent Misidentification of Suspect

By on April 13, 2018 in NJ Litigation, Other with 0 Comments

Plaintiff Dwight Morris was at his bank to make a withdrawal when the male in front of him handed the teller a robbery note. The teller handed the robber a stack of bills and the robber then left the bank. The teller called 9-1-1 and, when the police came, the plaintiff claims that they questioned […]

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Insurer Not Barred from Disclaiming Coverage after Providing Courtesy Defense

The Appellate Division recently decided a very interesting case addressing the impact of an insurance carrier issuing a “reservation of rights” letter to its insured while also simultaneously agreeing to provide a defense for the insured, but failing to clearly request the insured’s consent to the insurer’s control of that defense. Northfield Insurance Company v. […]

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