Tag: indemnification
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 […]
County Not Entitled To Indemnification For Accident Caused By Its Own Negligence
Plaintiff Matthew Domenick tripped and fell while playing a softball game at Johnson Park in Piscataway. As sponsor of the softball league, defendant Brian Melnick obtained a permit from the defendant County of Middlesex. Melnick signed the County’s rules and regulations which contained a hold harmless agreement, requiring indemnification for claims arising from the conduct […]
Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim
Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”). Badr was unaware of plaintiff’s claim until seven months after the accident. At that time, it served a notice of tort claim upon Jersey City. The […]
Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy
The plaintiff, Donna Michel was walking across the parking lot of the Wayne Towne Center when she was struck by a car operated by Sharon Langel. At the time of the accident, piles of snow on medians at the end of the rows of the parking spaces in the parking lot allegedly impeded Langel’s visibility […]
Based Upon Indemnification Agreement Between Defendant Contractor and Employer, Jury Should Have Been Allowed to Allocate Negligence Against Employer
The exclusive remedy provision of the Workers Compensation Act, N.J.S.A. 34:15-8, bars the employee from suing his or her employee for a workplace bodily injury based upon negligence. However, this provision does not preclude an employer from agreeing to contractually indemnify a third party for its negligence. Under those circumstances, an employer could be liable […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
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