A Capehart Scatchard Blog

Coverage

Plaintiff’s Claim for UIM Coverage Denied Based upon Regular Use Exclusion in Insurance Policy

By on December 11, 2020 in Coverage with 0 Comments

Plaintiff Edward Siemietkoski sought underinsured motorist (UIM) benefits from Geico Insurance Company (Geico) due to injuries suffered in an automobile accident with defendant Charlie Velasquez-Flores. Geico denied Plaintiff’s claim based on the “regular use” exclusion contained in his insurance policy. This exclusion restricts coverage “where an insured has sustained bodily injury while occupying a vehicle […]

Share

Continue Reading »

No Coverage for Personal Injury Under Loading and Unloading Coverage in Auto Policy When Accident had no Substantial Nexus with Use of Truck

By on November 6, 2020 in Coverage with 0 Comments

Craig Crumley, an employee of Thomas Lindstrom Steel ­& Company (“Lindstrom”), a subcontractor of Plaintiff D’Andrea Construction Company (“D’Angelo”), was injured on a job site while assisting in the retrieval of two old welding machines in helping other employees in the loading and unloading of the new welders. The issue in D’Andrea Construction Co. v. […]

Share

Continue Reading »

New York Resident Injured As A Pedestrian In A New Jersey Accident Limited To PIP Benefits Under His New York Policy

By on October 16, 2020 in Coverage with 0 Comments

On January 30, 2019, plaintiff, Don Washington, drove his car from his home state of New York to North Bergen, New Jersey.  After shopping and leaving a store, he walked in a crosswalk towards his parked car when he was struck by a vehicle and injured.  The issue in Washington v. Progressive Insurance Company, 2020 […]

Share

Continue Reading »

Out-Of-State Auto Policy Required To Provide Minimum Liability Limits For New Jersey Auto Accident

By on February 28, 2020 in Coverage with 0 Comments

In the Supreme Court case of Felix v. Richards, 2020 N.J. LEXIS 293 (Feb. 26, 2020), the New Jersey Supreme Court was asked to decide whether an insurer who sold policies in both New Jersey and out-of-state was entitled to rely on the lesser coverage provided under its Florida policy for a vehicle involved in […]

Share

Continue Reading »

Insurer Not Barred from Disclaiming Coverage after Providing Courtesy Defense

By on April 6, 2018 in Coverage with 0 Comments

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. […]

Share

Continue Reading »

Plaintiff not Considered Uninsured While Principally Garaging His Motor Vehicle in NJ but Insuring the Vehicle in His Home State of Louisiana

By on September 8, 2017 in Coverage with 0 Comments

In a novel decision, Ledet v. Oller, No. HUD L-2772-16  (Law Div. Aug. 28, 2017),  the court was asked to decide if the plaintiff was considered to be “culpably uninsured” if his motor vehicle was principally garaged in New Jersey while he attended graduate school but insured and registered in his home state of Louisiana. […]

Share

Continue Reading »

Plaintiff Barred from Pursuing Personal Injury from Auto Accident Due to Failure to Insure

By on January 17, 2017 in Coverage with 1 Comment

Plaintiff Alma Guerrero was driving her car when she was involved in a collision with the defendant Colleen Moore. Plaintiff suffered back injuries from the accident and sued defendant Moore. In Guerrero v. Moore, 2017 N.J. Super. Unpub. LEXIS 21 (App. Div. Jan. 5, 2017), Moore defended on the basis that plaintiff was barred from […]

Share

Continue Reading »

Court Interprets Two Competing “Other Insurance” Clauses to Determine Primacy of Coverages

By on January 6, 2017 in Coverage, Uncategorized with 0 Comments

Often there are two different insurance policies that may cover a defendant for a claim. To determine which policy is primary and which policy is excess or if the policies would be co-primary, the court must review and interpret the “other insurance” clause in both policies. In Foerster v. Meckel Enters., LLC, 2016 N.J. Super. […]

Share

Continue Reading »

Plaintiff Permitted to “Board” Full Amount of Medical Expenses Not Covered by PIP

By on November 18, 2016 in Coverage with 0 Comments

Plaintiff Angel Viruet, Jr. was injured in an automobile accident and sued Defendant Fernando Maoine for his injuries. Plaintiff was insured by GEICO Insurance Company for his automobile insurance and had selected a limited PIP medical coverage benefits of $15,000. In Viruet v. Maoine, 2016 N.J. Super. Unpub. LEXIS 2426 (Law Div. Nov. 4, 2016), […]

Share

Continue Reading »

Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

By on September 30, 2016 in Coverage, Uncategorized with 0 Comments

Plaintiff, Vidal Padilla, was involved in a 2014 accident while operating his nephew’s car. He submitted a PIP application for his injuries to defendant Personal Service Insurance Company, which insured his nephew’s vehicle. The defendant insurance company contended that the plaintiff was barred from obtaining PIP benefits due to his ownership of an uninsured motor […]

Share

Continue Reading »

Top