Tag: coverage
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) […]
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 […]
Homeowner Did Not Have Insurance Coverage for Accident of Person Who Lived With Insured
Plaintiff Mary Ann Iaeck lived with Patricia Barnaba in a condominium owned by Defendant Barnaba. Plaintiff fell down a flight of stairs in the condominium and sued Barnaba, claiming that Barnaba’s negligence caused her fall. Barnaba had a homeowner’s insurance policy with personal liability coverage with Federal Insurance Company (“Federal”). The issue in Iaeck v. […]
Employee Exclusion Bars Coverage For Injured Pool Worker Employee
Plaintiffs were a Condominium Association and a Management Corporation responsible for a condominium property whose pool was maintained by Preferred Pool Management, Inc. (“PPM”). PPM employee James Visconti (“Visconti”) fell on Plaintiffs’ property while performing maintenance on the condominium’s pool in the course of his employment with PPM and allegedly suffered injuries. In a state […]
Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional
This matter arises from the physical assault of a guest, plaintiff Colin Yurcisin, who attended a party hosted by defendant Justin Magariello. While at the party, plaintiff alleges that a fellow guest, Ryan Fleming, who was intoxicated, punched him in the face multiple times causing serious injury. Plaintiff Yurcisin sued Fleming for his injuries. In […]
Rain Water Damage Caused by Subcontractor’s Faulty Workmanship Found to be Covered Claim under Developer’s CGL Policy
A year ago, I reported on a published Appellate Division case, Cypress Point Condominium Assoc., Inc. v. Adria Towers, L.L.C., 441 N.J. Super. 369 (App. Div. 2015), in which the court decided that the consequential damages caused by a subcontractor’s work in the construction of a condominium complex was potentially covered by the developer’s insurance […]
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