A Capehart Scatchard Blog

Coverage

Insurer Not Barred from Disclaiming Coverage after Providing Courtesy Defense

By on April 6, 2018 in Coverage with 0 Comments

By:  Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. 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 […]

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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. […]

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

By on January 17, 2017 in Coverage with 0 Comments

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 […]

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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. […]

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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), […]

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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 […]

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Provision in Employment Contract Limiting Employee’s Ability to Sue Third Party Found Unenforceable by NJ Court

By on August 25, 2016 in Coverage with 0 Comments

Plaintiff Philip Vitale was injured while working as a security guard for Allied Barton Security Services, LLC (“Allied Barton”), which contracted with defendant Schering-Plough Corporation to provide security services to its facilities. Plaintiff had signed a disclaimer, waiving his right to sue any of Allied Barton’s customers to which he may be assigned. In the […]

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Rain Water Damage Caused by Subcontractor’s Faulty Workmanship Found to be Covered Claim under Developer’s CGL Policy

By on August 19, 2016 in Coverage with 0 Comments

A year ago, I reported on a published Appellate Division case, Cypress Point Condominium Assoc., Inc. v. Adria Towers, L.L.C., 441 N.J. Super. 369 (App. Div. 2015), in which the court decided that the consequential damages caused by a subcontractor’s work in the construction of a condominium complex was potentially covered by the developer’s insurance […]

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New Jersey Extends Duty of Care Owed by Employer to Cohabitant of Employee for Exposure to Toxic Substance

By on July 21, 2016 in Coverage, Duty of Care, Liability with 0 Comments

The New Jersey Supreme Court previously recognized that an employer, as a landowner, could be liable for injuries from an asbestos exposure suffered by the wife of a worker who laundered her husband’s soiled, asbestos exposed work clothes. (Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006)). In the recent case of Schwartz v. Accuratus Corp., 2016 […]

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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 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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