A Capehart Scatchard Blog

No Coverage Under Homeowners Policy for Injury Resulting From Punch to Jaw

By on March 18, 2016 in Coverage with 0 Comments

Plaintiff Damon Barley (“Barley”) filed a lawsuit against Steven Quadrel (“Quadrel”) for injuries suffered when Quadrel punched him in the jaw.  Barley sued Quadrel based upon intentional tort and negligence. Quadrel’s parents submitted a notice of claim to Citizens Insurance Company of America (“Citizens”) for coverage under their homeowners policy. Citizens denied coverage. In Barley […]

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Appellate Division Again Rules that Residential Landowners Not Liable for Injury Caused by Fall on Abutting Public Sidewalk

By on March 11, 2016 in Uncategorized with 0 Comments

Plaintiff Sunnie Corry was walking with her husband and daughter, as well as her grandchild, who was in a stroller, on the sidewalk abutting the defendants’ home. She tripped and fell over a raised and severely broken sidewalk and, as a result, suffered a severe rotator cuff injury. In Corry v. Barbieri, 2016 N.J. Super. […]

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Court Refuses to Apply Mode of Operation Rule to Injury Claim Caused by Leaking Shampoo Bottle

By on March 4, 2016 in Uncategorized with 0 Comments

Plaintiff Yolanda White was shopping with her daughter in defendant’s Fine Fare Supermarket when she fell. While about 3 feet from the checkout counter, she slipped and fell on liquid dish detergent that had spilled on the floor. In White v. 525 Meat Corp., 2016 N.J. Super. Unpub. LEXIS 372 (App. Div. Feb. 22, 2016), […]

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Disclaimer of Coverage Upheld Due to Insured’s Failure to Comply with Notice Provision in Policy

By on February 26, 2016 in Liability with 0 Comments

Notice provisions are common clauses in insurance policies, whereby the insured is required to provide timely notice of the claim as a condition to obtaining coverage under the policy. The courts in New Jersey, however, interpret this notice clause differently, depending upon whether the policy is an occurrence or a claims made policy. In Templo […]

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Limitation Provision in Homeowner’s Insurance Policy Upheld by Court

By on February 19, 2016 in Statute of Limitations with 0 Comments

While the New Jersey statute of limitations for a contract claim, which would include a claim against an insurance policy, is 6 years, some insurance policies contain shorter limitation periods to file a lawsuit against the carrier. In the federal court case of Majagah v. AIG Property Casualty Insurance Agency, Inc., 2016 U.S. Dist. LEXIS […]

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Owner of Vehicle Found Not Liable for Intoxicated Driver’s Actions in Causing Auto Accident

By on February 12, 2016 in Liability with 0 Comments

​Plaintiff Ranjani Vaidyanathan was injured in an automobile accident on April 29, 2012 when the driver Joaquin Martinez (“Joaquin”) rear ended her vehicle. At the time, he was driving a vehicle owned by Venessa Martinez. He was very intoxicated, with his blood alcohol level tested at .31%, well past the legal limit. In the Law […]

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Gas Station Owner Found Not Liable for Plaintiff’s Injury Resulting from Shooting on His Premises

By on February 5, 2016 in Liability with 0 Comments

Plaintiff Jerome White was shot during third party defendant Walter Gleaton’s attempt to kill a passenger in plaintiff’s vehicle while on the premises of defendant Shan’s gas station in Trenton. As a result of the shooting, Plaintiff suffered a fracture to his thoracic vertebrae and became a paraplegic. In White v. Getty Petroleum Marketing, Inc., […]

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Appellate Division Reverse $2 Million Verdict Due to Multiple Evidential Trial Rulings

By on January 29, 2016 in Blog with 0 Comments

In the recent published decision of Berkowitz v. Soper, 2016 N.J. Super. LEXIS 13 (App. Div. 2016), the Appellate Division reversed a $2 million jury verdict due to multiple errors made by the trial judge. This case involved a rear end collision between the plaintiff Joseph Berkowitz and Susan Soper. The plaintiff alleged back pain […]

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Insured Can Be Convicted of Insurance Fraud Even if the Carrier Is not Induced by a False Statement to Pay a Damage Claim

By on January 22, 2016 in Fraud with 0 Comments

In State of New Jersey v. Goodwin, 2016 N.J. LEXIS 7 (Jan. 19, 2016), the New Jersey Supreme Court was asked to decide whether a defendant can be convicted of insurance fraud even when the insurance carrier has not relied on the false statements to pay the claim. In Goodwin, the defendant falsely reported the […]

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Appellate Division Upholds Jury Verdict of $1 million for Auto Accident Causing Plaintiff to have Sustained 2 Herniated Discs

By on January 15, 2016 in Statute of Limitations with 0 Comments

In the recent case of Gibbs v. Camillo, 2015 N.J. Super. Unpub. LEXIS 2810 (App. Div. Dec. 7, 2015), the Appellate Division was asked to overturn the jury verdict in the amount of $1 million, awarded as compensatory damages to the plaintiff for the two herniated discs she suffered from her automobile accident. The defendant […]

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