Coverage
Plaintiff Unable to Collect Judgment Over Insurance Coverage Amount for Bankrupt Defendant
Plaintiff Keith Hacker was in a motor vehicle accident with defendant Carlos Jaime-Valdez on January 27, 2018. Defendant Jaime-Valdez had $100,000 of insurance coverage each with both State Farm and Geico. After answering the complaint, Jaime-Valdez filed for bankruptcy. The issue in Hacker v. Jaime-Valdez, 2025 N.J. Super. LEXIS 44 (App. Div. June 13, 2025) […]
Plaintiff Found to Be Eligible for PIP Benefits for Burns Suffered From Hot Tea Spilled on Her at Dunkin’ Donuts Drive-Through
Plaintiff, Shani Harrell, made a claim against her automobile insurance company, Progressive Garden State Insurance Company (“Progressive”), for personal injury protection (PIP) benefits when she suffered severe burns to her body after a restaurant employee spilled a hot beverage on her at a Dunkin’ Donuts drive-through. She applied to Progressive for PIP benefits under her […]
Insurance Carrier Not Estopped From Denying Coverage After Affording Defense of Its Insured From an Automobile Accident
This case involved an insurance coverage dispute from an automobile accident involving an employee of defendant Century Waste Services, LLC (“Century”). The employee was driving a vehicle owned by a manager’s mother, which was a vehicle not covered under the insurance policy issued to Century by United Specialty Insurance Company (“USI”). The trial court had […]
Homeowner Did Not Have Insurance Coverage for Accident of Person Who Lived With Insured
Plaintiff Mary Ann Iaeck lived with Patricia Barnaba in a condominium owned by Defendant Barnaba. Plaintiff fell down a flight of stairs in the condominium and sued Barnaba, claiming that Barnaba’s negligence caused her fall. Barnaba had a homeowner’s insurance policy with personal liability coverage with Federal Insurance Company (“Federal”). The issue in Iaeck v. […]
Employee Exclusion Bars Coverage For Injured Pool Worker Employee
Plaintiffs were a Condominium Association and a Management Corporation responsible for a condominium property whose pool was maintained by Preferred Pool Management, Inc. (“PPM”). PPM employee James Visconti (“Visconti”) fell on Plaintiffs’ property while performing maintenance on the condominium’s pool in the course of his employment with PPM and allegedly suffered injuries. In a state […]
Plaintiff’s Underinsured Motorist Claim Barred Due to a Failure To Purchase a New Jersey Automobile Insurance Policy
In 2016, the plaintiff Juan Guiterrez-Ganan was injured in an auto accident when his car was struck by a car driven by an underinsured motorist. Plaintiff sued his automobile insurance company, defendant Allstate Insurance Company, to collect underinsured motorist benefits for his claimed injuries and losses from the automobile accident. The issue in Guiterrez-Ganan v. […]
Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional
This matter arises from the physical assault of a guest, plaintiff Colin Yurcisin, who attended a party hosted by defendant Justin Magariello. While at the party, plaintiff alleges that a fellow guest, Ryan Fleming, who was intoxicated, punched him in the face multiple times causing serious injury. Plaintiff Yurcisin sued Fleming for his injuries. In […]
Parent Witnessing Children Struck By Car Not Entitled To Underinsured Motorist Benefits
The plaintiff, B.G., drove his two children to school and parked his car next to the curb and across the street from the school building. He got out of his car and helped his children exit the car, leaving the engine in his car running. After walking his children one block to a crosswalk staffed […]
Injured Passenger Involved In Auto Accident Not Entitled To Underinsured Motorist Coverage Under Owner’s Business Insurance Policy
Plaintiff, Maria Lopez Menjivar, and her friend and plaintiff’s boyfriend, had just returned from visiting a casino in Pennsylvania. Plaintiff’s friend had driven her minivan and parked it on the side street in Plainfield, near where the plaintiff and her boyfriend lived. While plaintiff was a back seat passenger of the vehicle, the defendant Neltson […]
Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage
In 2014, Plaintiff Yvonne Zabala-Lugo was a passenger in a car driven by Jasmine Lugo when the vehicle struck a phantom car that swerved into her lane to avoid hitting a pedestrian. After that impact, the Zabala-Lugo vehicle was struck from behind by another car driven by Betsey Tavares. Plaintiff discovered that the Tavares’ insurance […]
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