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Court Interprets Two Competing “Other Insurance” Clauses to Determine Primacy of Coverages
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. […]
Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle
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 […]
Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant
Plaintiff Erik Lukmann claims to have been injured while biting down on an ice cream dessert purchased from Wendy’s. He bit down, felt a hard object, and spit out a coin. As a result, he broke several veneers on his teeth. In Lukmann v. Wenesco Restaurant Systems, Inc., 2016 N.J. Super. Unpub. LEXIS 1089 (App. […]
Using the Offer of Judgment Rule as a Tool to Obtain a Reasonable Settlement
By Betsy G. Ramos, Esq. Co-Authored by Ryan P. Duffy, Law Clerk The New Jersey Offer of Judgment Rule exists to encourage settlements by requiring litigators to step back and examine the merits of their case and its potential at trial. It can be a very useful tool in negotiating a settlement, particularly, in situations […]
Forum Selection Clause Requiring Litigation in Russia Upheld
Agreements often contain forum selection clauses whereby parties can agree on a forum where any disputes would be litigated. Absent certain exceptions, New Jersey courts will uphold a forum selection clause as valid and enforceable. In Ogorodnikov v. Dikker, 2016 N.J. Super. Unpub. LEXIS 1388 (App. Div. June 17, 2016), the Appellate Division upheld a […]
Arbitration Clause Ruled Invalid in Educational Institute’s Enrollment Agreement
An arbitration agreement can be enforceable in a consumer contract if it clearly and unambiguously explains that the consumer is giving up the right to pursue relief in a judicial forum. In the recent New Jersey Supreme Court case, Morgan v. Sanford Brown Institute, 2016 N.J. LEXIS 563 (2016), the Court considered the enforceability of […]
Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment
In a dispute against the executor of an estate, the two beneficiaries under the decedent’s will (Mark and Michael Balk) sued the executor (Mark Roseman) for breach of fiduciary duty and sought to remove him as executor. Ultimately, the parties reached an agreement, in which the executor Roseman agreed to execute a promissory note in […]
Damage to Commercial Building Barred by Wear and Tear Exclusion in Insurance Policy
A common exclusionary clause in a property damage policy is an exclusion for damage or loss caused by “wear and tear.” In Lam Inv. Research, LLC v. Public Serv. Mut. Ins. Co., 2016 U.S. Dist. LEXIS 45116 (D.N.J. April 1, 2016), the District Court of New Jersey interpreted such a clause in the context of claimed damage […]
Defendant Wins Dismissal of Personal Injury Suit Due to Plaintiff’s Inability to Apportion His Damages between Successive Accidents
In a work related accident, plaintiff Alan Pickett fell on black ice at the defendant supermarket’s premises and injured his neck and back. About 8 months later, he suffered a second work related accident and severely aggravated his lower back injury. In Pickett v. ShopRite of East Norriton, 2016 N.J. Super. Unpub. LEXIS 442 (App. […]
Rehabilitation Center Found Not Responsible for Injuries Caused by Fall over Mattress on the Floor Due to it being an Open and Obvious Condition
Plaintiff Elizabeth Cunningham was visiting a resident of Briarwood Rehabilitation Center (“Briarwood”) when she tripped over a mattress on the floor and sustained an injury. The defendant Briarwood argued that it owed no duty to the plaintiff to warn of an open and obvious condition. In Cunningham v. Briarwood Care and Rehabilitation Center, Inc., 2016 […]
Betsy G. Ramos
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