A Capehart Scatchard Blog

Settlements

Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage

By on June 1, 2018 in Settlements with 0 Comments

Plaintiff Janine Ball was injured while walking into a Rite Aid store when struck by defendant Charles Reese, who had fallen asleep at the wheel. She sued Reese based upon negligence in operating his vehicle and Rite Aid based upon a premises liability theory. Plaintiff also informed her own automobile insurance company that she intended […]

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Court Rules that Settling Co-Defendant Charge Not Appropriate When Defendant Settles Before Trial

By on October 28, 2016 in Settlements with 0 Comments

In the recent published Law Division decision, Hernandez v. Chekenian, 2016 N.J. Super. LEXIS 133 (Law Div. July 15, 2016), the trial court ruled that when a defendant settles with the plaintiff before the commencement of trial, the remaining defendants are not entitled to the “Settling Defendant charge.” In Hernandez, the judge considered whether it […]

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