A Capehart Scatchard Blog

Limitations Period in Fire Policy Upheld

By on November 14, 2014 in Blog with 0 Comments

In Rihanna Corp. v. Certain Underwriters at Lloyd’s of London, 2014 N.J. Super. Unpub. LEXIS 2216 (App. Div. Sept. 11, 2014), the plaintiff insureds sought payment under a certain business owner’s insurance policy for a fire loss suffered by Rihana Restaurant. The defendant insurance company (“Lloyd’s”) denied coverage, citing a limitation provision in its policy, […]

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No Personal Jurisdiction Found for India Company that Sold Machine Causing Plaintiff’s Injury

By on November 7, 2014 in Blog with 0 Comments

Plaintiff Rajnikant Patel claimed to be injured at work while working on a tablet press machine manufactured by the defendant Karnavati Engineering, Ltd. (“Karnavati”), a corporation located in India.  In Patel v. Karnavati America, LLC, 2014 N.J. Super. LEXIS 139 (App. Div. Oct. 9, 2014), the defendant Karnavati claimed that the court in New Jersey […]

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Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

By on October 31, 2014 in Blog with 0 Comments
Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

In Lebrio v. Pier Shops at Caesar’s, 2014 N.J. Super. Unpub. LEXIS 2319 (App. Div. Sept. 25, 2014), the plaintiff Karen Lebrio injured her knee and back when she slipped and fell while walking in a common area at The Pier Shops at Caesar’s in Atlantic City. The jury awarded her $427,000 for her injuries. […]

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Landlord Found Not to Have Breached Any Duty to Guest of Tenant in Failing to Provide Adequate Security

By on October 24, 2014 in Blog with 0 Comments

Melissa Alvarado sued the Blair House, a condominium complex, and its property manager based upon personal injuries she suffered due to the defendants’ alleged failure to provide adequate security while at Blair. One night, she was there to visit her boyfriend at 12:15 am and, while parking her car, was approached by two individuals, Eric […]

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Insurer Not Liable for Attorneys Fees for Failure to Pay Homeowners’ Insurance Claim

By on October 16, 2014 in Blog with 0 Comments
Insurer Not Liable for Attorneys Fees for Failure to Pay Homeowners’ Insurance Claim

Plaintiffs Alfio and Jennifer Leone filed a lawsuit against Lantana Insurance Ltd., relating to their claims for coverage under their Homeowners Insurance policy. They claimed that Lantana wrongfully denied their claim for wind damage to their home incurred during Hurricane Sandy. In Leone v. Lantana Insurance Ltd., 2014 U.S. Dist. LEXIS 121873 (D.Ct. Sept. 2, […]

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Insurance Carrier Not Permitted to Vacate Default Against Insured Entered Two Years After Notified of Lawsuit

By on October 10, 2014 in Blog with 0 Comments

In Marciante v. Huezo, 2014 N.J. Super. Unpub. LEXIS 2281 (App. Div. Sept. 19, 2014), ARI Mutual Insurance Co. (“ARI”) tried to vacate a default entered against its insured more than one year after a default judgment was entered against its insured and three years after the insured was served with the lawsuit. The plaintiff […]

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Parents Not Entitled to Pursue Claim for Loss of Consortium of Minor Child Injured in Escalator Accident

By on October 3, 2014 in Blog with 0 Comments
Parents Not Entitled to Pursue Claim for Loss of Consortium of Minor Child Injured in Escalator Accident

Juan and Nora Valdez filed a lawsuit in federal court against defendants Macy’s and Thyssenkrupp Elevator America, Inc. due to the personal injuries suffered by their 10 year daughter whose right foot and leg got trapped in an escalator while visiting a Macy’s store. J.V. by her GAL Juan Valdez v. Macy’s, Inc., 2014 U.S. […]

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Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

By on September 26, 2014 in Blog with 0 Comments
Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

Plaintiff Carylee Johnson slipped and fell on the public sidewalk in front of the home owned by defendants Eric and Leigh Ann Morse. She suffered injuries to her knee, arm, and shoulder and sued the defendant homeowners on the basis that the predecessor owner negligently built a defective sidewalk. In Johnson v. Morse, 2014 N.J. […]

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Insurance Carrier Not Estopped From Denying Homeowners’ Claim

By on September 19, 2014 in Blog with 0 Comments
Insurance Carrier Not Estopped From Denying Homeowners’ Claim

In Masaitis v. Allstate, 2014 N.J. Super. Unpub. LEXIS 2100 (App. Div. Aug. 26, 2014), the plaintiffs Marilyn and William Masaitis appealed from a jury verdict that they were not entitled to compensation from their homeowner’s insurance carrier, Allstate New Jersey Insurance co., for loss of property due to a fire. Allstate disclaimed coverage on […]

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No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

By on September 12, 2014 in Blog with 0 Comments
No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

Veronica Maciag, a minor, was attacked by a pit bull owned by the decedent defendant, Kenneth Kantor. There had been prior incidents involving this dog, in which the dog had escaped and bitten people. The minor filed suit against Kantor to recover for her injuries. After the lawsuit was filed, Kantor passed away and his […]

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