Insurer Not Barred from Disclaiming Coverage after Providing Courtesy Defense
By: Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. The Appellate Division recently decided a very interesting case addressing the impact of an insurance carrier issuing a “reservation of rights” letter to its insured while also simultaneously agreeing to provide a defense for the insured, but failing to clearly request the insured’s consent […]
Claims that Fall Under Employers Liability/Part B Coverage
Employers Liability insurance coverage is a “gap filler” coverage, providing protection to employers in situations where an injured employee has the right to bring a civil tort action for damages despite the provisions of the New Jersey workers’ compensation statute. Although N.J.S.A. 34:15-8 makes workers’ compensation the “exclusive remedy” for an injured employee, in which […]
Litigation Privilege Bars Lawsuit as to Alleged Defamatory Statement Made by Litigant
The plaintiff (an attorney) sued his former client, defendant Shai Harmelech, to collect on an unpaid legal bill. In the course of that lawsuit, the trial judge asked the parties if they would be interested in participating in a mediation to resolve the dispute. In response to the court’s request, Harmelech sent an email to […]
Commercial Property Owner Unable to Obtain Dismissal for Fall on Black Ice
Plaintiff Cynthia Johnson was an employee of a tenant of the property owned by defendant Brandywine Operating Partnership, LP and Brandywine Realty Trust (“Brandywine”). She fell on black ice in the parking lot of Brandywine’s property and sued for her injuries. In Johnson v. Brandywine Operating Partnership, LP, 2017 N.J. Super. Unpub. LEXIS 2857 (App. […]
Commercial Property Landlord Not Responsible for Injury of Tenant’s Invitee
Plaintiff Ben Jimenez was employed as a truck driver by Atlantic Freight Systems, Inc. (“AFS”) when he slipped and fell in the company yard during the course of his employment. The Defendants Stephen Powell and Concetta Powell (“Powells”) owned the commercial property where the accident occurred and leased the entire premises to their corporate entity […]
Court Finds Insurance Company Properly Cancelled Policy of Insurance for Non-Payment of Premiums
Selective Insurance Company (“Selective”) was sued by the plaintiffs Car Craft Auto Corp. and the Estate of Jesus Santiago t/a Car Craft Auto due to Selective’s cancellation of Jesus Santiago’s (“Santiago”) commercial insurance policy. Santiago had been insured from February 19, 2011 through February 19, 2012. Selective prepared and sent to Santiago an invoice for […]
How to Apply Offer of Judgment Rule in an Underinsured Motorist Case
Plaintiff Sharon Seamon filed a lawsuit against her insurance company State Farm Insurance Company for underinsured motorist benefits (“UIM”) for injuries she suffered in an automobile accident. At trial, the jury awarded her $375,733.36 for her injuries. The issues in Seamon v. State Farm Insurance Co., 2017 N.J. Super. Unpub. LEXIS 3069 (App. Div. Dec. […]
Catholic Cemetery Found Immune from Liability for Personal Injury Claim based Upon Charitable Immunity Act
Plaintiff, Gary Jack, and his wife Maureen had attended a funeral at the Calvary Cemetery. Maureen was pushing the plaintiff in a rolling walker, when the front wheels of his walker lodged in a crack in the asphalt, causing him to fall from the walker and break his wrist. In Jack v. Calvary Cemetery, 2017 […]
Homeowner Limited to Cash Value of House in Fire Loss Claim
Plaintiff Dawn Dunkerly made a claim against her homeowner’s insurance company, Encompass Insurance Company, for the fire loss of her parents’ home. A fire swept through the house and completely destroyed it. As executor of her parents’ estate, plaintiff submitted a claim to defendant Encompass under her parents’ homeowners policy to be compensated for the […]
What Defenses Are Available to Public Entities for Falls on Public Sidewalks?
If a plaintiff is able to establish that it is the public entity who bears the responsibility for the condition of a public sidewalk which caused the plaintiff’s fall, the public entity may remain immune from liability based upon Tort Claims Act defenses. The public entity (municipality, county, or State) may defend on the basis […]
Betsy G. Ramos
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