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Claims

Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate

By on October 8, 2021 in Claims with 0 Comments

This matter arises from an automobile accident on December 21, 2016 when the decedent, Joseph Chandler, was struck by an automobile driven by defendant Todd Kasper.  The decedent suffered significant injuries and passed away six days later.  The decedent’s daughter, Damaris Chandler, obtained an appointment as Administrator Ad Prosequendum but was not appointed as General […]

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PIP Carrier Not Entitled To Subrogate Against Health Insurance Carrier For Medical Expenses Paid In Error

By on August 20, 2021 in Claims with 0 Comments

Palisades Insurance Company (“Palisades”) filed a claim for reimbursement against Horizon Blue Cross Blue Shield of New Jersey (“Horizon”) to obtain recoupment for health insurance benefits it paid to 4 insureds who were involved in automobile accidents and received treatment.  Palisades contended that it made those payments in error because the insureds had designated Horizon […]

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Plaintiff’s UM/UIM Claim Found To Be Barred Due To Plaintiff’s Failure To Sue Tortfeasor Within Statute Of Limitations

By on August 6, 2021 in Claims with 0 Comments

Plaintiff Sang Park was rear ended by a vehicle driven by the defendant Michelle Wragge on January 11, 2018.  As a result, Park claimed to have suffered painful injuries from the collision.  Thereafter, on June 1, 2018, Park, filed a complaint against GEICO (her insurance company) for uninsured or underinsured motorist coverage benefits (UM/UIM). But, […]

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Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case

By on July 2, 2021 in Claims with 0 Comments

The issue in the published Appellate Division decision in Carbajal v. Patel, 2021 N.J. LEXIS 73 (App. Div. June 2, 2021), was whether a plaintiff can obtain a full recovery of a jury verdict against a defendant found to be 60% negligent, when that defendant is unable to obtain contribution from the co-defendant found to […]

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Lost Profits Claim Barred Under New Business Rule

By on November 13, 2020 in Claims with 0 Comments

In the legal malpractice case, Schwartz v. Menas, 2020 N.J. Super. Unpub. LEXIS 2104 (App. Div. Nov. 6, 2020), the Appellate Division was faced with an appeal over whether the trial court properly barred plaintiffs’ expert reports supporting claims for lost profits as too speculative under the “new business rule.” Plaintiff Larry Schwartz and his […]

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Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention

By on July 24, 2020 in Claims with 0 Comments

In the lawsuit of City of Asbury Park v. Star Insurance Co., 2020 N.J. LEXIS 746 (June 29, 2020), the Supreme Court addressed a question of New Jersey law at the request of the United States Court of Appeals for the Third Circuit.  The question that was asked was “whether, under equitable principles of New […]

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Court Rules That Plaintiff Unable To Seek PIP Coverage For Unpaid Medical Expenses Under Policies Issued By Insurance Companies To Tortfeasor’s Resident Relatives

By on December 6, 2019 in Claims with 0 Comments

Plaintiff Raymond Nesby was injured in an automobile accident when his car was struck from behind by the vehicle driven by defendant Sheryl Fleurmond, whose vehicle was owned by defendant Chris Decaro and insured by Progressive Garden State Insurance Company.  Fleurmond did not own a vehicle nor have her own automobile insurance policy.  However, she […]

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Insured’s Failure To Timely Notify His Auto Insurer Of An Automobile Accident Bars UM Claim Against Insurance Carrier

By on October 18, 2019 in Claims with 0 Comments

On January 4, 2014, plaintiff James Ryan DiMaria (“DiMaria”), a Patterson fire inspector, had an automobile accident with Michelle Rodriguez.  Plaintiff claimed that the accident caused him permanent neck and head injuries.  There was a dispute concerning whether Rodriguez was at fault for this accident.  The issue in DiMaria v. Travelers Insurance Group, 2019 N.J. […]

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Legislative Update on Haines v. Taft

By on May 30, 2019 in Claims with 0 Comments

I had previously reported on the Supreme Court case of Haines v. Taft, 237 N.J. 271 (2019) which made inadmissible uncompensated medical expenses incurred as a result of an automobile accident that exceeded the plaintiffs’ $15,000 PIP coverage. After I submitted this article, I discussed with plaintiffs’ counsel whether that decision was specifically limited to […]

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Supreme Court Rules that Plaintiffs Injured in Auto Accident are Barred from Recovering Medical Expenses Less Than $250,000 Statutory Amount Regardless of PIP Coverage Selected

By on March 29, 2019 in Claims with 1 Comment

In Haines v. Taft, 2019 N.J. LEXIS 441 (March 26, 2019), in a split decision, the New Jersey Supreme Court reversed the Appellate Division and found that plaintiffs, who elected a $15,000 PIP coverage, were barred from seeking to recover the amount of their outstanding medical expenses, incurred as a result of an automobile accident, […]

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