A Capehart Scatchard Blog

Court Rejects Requirement for Defendant to Pay Flat Fee to Plaintiff’s Doctor for Deposition Testimony

By on September 4, 2015 in Blog with 0 Comments

There is often a dispute between the parties as to the fee charged by the opposing expert for a discovery deposition, which must be paid by the party requesting the deposition. Specialists sometimes charge exorbitant flat fee rates and counsel argue over which party must pay that fee. In a recently published Law Division decision, […]

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Insurer Liable to Innocent Third Party on a Basic Insurance Policy Rescinded Due to Fraud, But Only to the Extent of the Minimum Agreed Upon Policy Limits

By on August 28, 2015 in Blog with 0 Comments

This week’s article was written by my Litigation Department associate Charles F. Holmgren, Esq. While an insurance company may appear to be in the clear when it has successfully rescinded an insurance policy as a result of the insured’s fraud, it may still be liable to an innocent third party under that same policy. As […]

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Defendant in a Private Claim Filed under the Insurance Fraud Prevention Act Found Entitled to a Jury Trial

By on August 21, 2015 in Blog with 0 Comments

Under the Insurance Fraud Prevention Act (“IFPA”), an insurance company may sue to recover compensatory damages against those who commit insurance fraud. In Allstate Insurance Co. v. Lajara, 2015 N.J. LEXIS 797 (2015), Allstate sue 63 defendants alleging violations of the IFPA. It claimed that the defendants (doctors, billing companies, employees and shareholders of these […]

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Homeowner’s Association Found Liable for Injuries from Fall on Private Sidewalk owned by Association

By on August 14, 2015 in Blog with 0 Comments

There is extensive case law in New Jersey about when an adjoining property owner can be liable for an injury resulting from a fall on a public sidewalk. In Qian v. Toll Brothers, 2015 N.J. LEXIS 825 (Aug. 12, 2015), the New Jersey Supreme Court dealt with the issue of liability of whether a homeowner’s […]

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Developer’s Commercial Liability Policy Covers Consequential Damages of Subcontractor’s Work

By on August 7, 2015 in Blog with 1 Comment

An issue that often arises in claims involving a construction project is the scope of coverage for alleged defective work of the contractor or a subcontractor. In the reported decision of Cypress Point Condo Ass’n v. Adria Towers, LLC, 2015 N.J. Super. LEXIS 114 (App. Div. July 9, 2015), the Appellate Division ruled that the […]

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Second Lawsuit Regarding Same Automobile Accident Barred by the Entire Controversy Doctrine

By on July 31, 2015 in Blog with 0 Comments

Plaintiff Heather Champagne-Brady claimed to have been injured when her vehicle collided with a motorcycle operated by Anthony Gallo. She was stopped, waiting to turn left, when defendant Gerard Inaugurato was stopped and waved her on to make the left turn in front of him. At that point, she collided with the Gallo motorcycle. In […]

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No Coverage for Mold Under Homeowners’ Policy

By on July 24, 2015 in Blog with 0 Comments

The plaintiffs Sheldon and Shirley Kavesh discovered mold growth in their home, located on their attic’s interior plywood surfaces. They submitted a claim to their homeowner’s carrier, the defendant Franklin Mutual Insurance Company, for the remediation of the mold. The carrier denied the claim, stating that it was not covered by the policy. In Kavesh […]

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Presumed Damages in a Defamation Suit Are Unavailable if Actual Damages Are Ascertainable

By on July 17, 2015 in Blog with 0 Comments

This week’s article was written by my Litigation Department associate, Charles F. Holmgren, Esq. Defendant BackTrack Reports, Inc.’s business is to produce background research reports pertaining to the financial industry that provide its clients information on potential investment opportunities. In one such report, a report it drafted on Plaintiff NuWave Investment Corp., BackTrack published statements […]

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Third Party Unable to File Suit Against Insurance Company without Assignment of Rights

By on July 10, 2015 in Blog with 0 Comments

Defendants 48 Branford Place Associates and Palladium Associates were sued due to the death of Andre Henry and serious injuries of Benverneuto Webster arising from a shooting at a ballroom/night club operated by Palladium. Neither Palladium, nor 48 Bradford obtained liability insurance coverage for assault and battery. In Stephens v. 48 Branford Place Associates, 2015 […]

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Statute of Repose Does Not Bar State’s Claim Arising Out of Failure of Hot Water System Installed as Part of Multi-Phase Project

By on July 2, 2015 in Blog with 0 Comments

This week’s blog was written by my Litigation Department associate, Voris M. Tejada, Esq. The State of New Jersey, as plaintiff, sued following the failure of an underground high temperature hot water (“HTHW”) system at a state prison.  In State v. Perini Corp., 2015 N.J. LEXIS 388 (N.J. 2015), the Supreme Court of New Jersey […]

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