Tag: automobile insurance
Appellate Division Upholds Shorter Statute of Limitations in Insurance Policy for UIM Claim
On January 10, 2018, plaintiff Amy Vanrell was driving a motor vehicle covered by an insurance policy with USAA and was in an accident. She sued the other driver for her injuries but failed to make a claim against her insurance company, USAA, for underinsured motorist coverage until May 2, 2022. The issue in Vanrell […]
Plaintiff Unable to Collect Judgment Over Insurance Coverage Amount for Bankrupt Defendant
Plaintiff Keith Hacker was in a motor vehicle accident with defendant Carlos Jaime-Valdez on January 27, 2018. Defendant Jaime-Valdez had $100,000 of insurance coverage each with both State Farm and Geico. After answering the complaint, Jaime-Valdez filed for bankruptcy. The issue in Hacker v. Jaime-Valdez, 2025 N.J. Super. LEXIS 44 (App. Div. June 13, 2025) […]
Plaintiff’s Bodily Injury Claim Dismissed Due to Her Failure to Provide a Comparative Analysis With Her Pre-Existing Condition
Plaintiff Debbie Williams-Siraj claims to have been injured in an automobile accident on September 28, 2017, when the vehicle driven by defendant Lynne Schwartz collided with her. Although plaintiff claimed to have suffered significant injuries to her lower back including spinal disc herniations and fractures, she had been previously diagnosed with chronic and progressive lumbar […]
Appellate Division Upholds Summary Judgment Dismissal of Suit for Plaintiff’s Failure to Maintain New Jersey Automobile Insurance
Plaintiff Ramon Hernandez claimed to have suffered injuries when his car was struck in the rear on a New Jersey road by a car being driven by defendant Hannah Kurtz and owned by co-defendant Eric Kurtz. In Hernandez v. Kurtz, 2024 N.J. Super. Unpub. LEXIS 3049 (App. Div. Dec. 17, 2024), the issue was whether […]
Plaintiff Found to Be Eligible for PIP Benefits for Burns Suffered From Hot Tea Spilled on Her at Dunkin’ Donuts Drive-Through
Plaintiff, Shani Harrell, made a claim against her automobile insurance company, Progressive Garden State Insurance Company (“Progressive”), for personal injury protection (PIP) benefits when she suffered severe burns to her body after a restaurant employee spilled a hot beverage on her at a Dunkin’ Donuts drive-through. She applied to Progressive for PIP benefits under her […]
Appellate Division Finds Coverage Under Loading and Unloading Doctrine for Donut Shop Sued in Serving Customer Hot Tea Through Drive Through Window
By: Victoria M. Adeleke, Law ClerkEdited by: Betsy G. Ramos, Esq. Plaintiffs Bridgewater Donuts, LLC and Tamar, Inc. filed a lawsuit against defendant Geico Indemnity Co. seeking coverage under an automobile liability policy issued to Susan Mendelsohn-Hall. Mendelsohn-Hall alleged she suffered injuries when hot tea spilled on her at the Dunkin’ Donuts drive-through, leading to […]
Insurance Carrier Not Estopped From Denying Coverage After Affording Defense of Its Insured From an Automobile Accident
This case involved an insurance coverage dispute from an automobile accident involving an employee of defendant Century Waste Services, LLC (“Century”). The employee was driving a vehicle owned by a manager’s mother, which was a vehicle not covered under the insurance policy issued to Century by United Specialty Insurance Company (“USI”). The trial court had […]
Court Finds That Plaintiff Not Entitled to PIP Benefits For Injury While Operating an Electric Scooter
Plaintiff David Goyco was involved in an accident in which an automobile struck him while he was operating a low-speed electric scooter. He applied to his auto insurance company, Progressive Insurance Company, for personal injury protection (PIP) benefits to pay for his medical expenses. The issue in Goyco v. Progressive Insurance Company, 2023 N.J. Super. […]
Breaching the Verbal Threshold for an Automobile Accident Injury through Scarring or a Permanent Injury
The Verbal Threshold is a requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created to reduce the cost of car insurance by limiting a person’s ability to seek compensation for noneconomic damages. […]
New Jersey Driver With New York Auto Policy Considered To Be Uninsured And Barred From Pursuing Personal Injury Claim
Plaintiff Adam Haber was involved in an automobile accident with the defendant Faith Geruldsen on March 7, 2019. At that time, plaintiff resided in New Jersey with his car garaged in New Jersey but he had a New York auto insurance policy. The issue in Haber v. Geruldsen, 2021 N.J. Super. Unpub. LEXIS 2943 (App. […]
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