A Capehart Scatchard Blog

Tag: insurance

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

By on April 1, 2022 in Coverage with 0 Comments

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 […]

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New Jersey Enacts Bad Faith Law Covering the Payment of Uninsured/Underinsured Motorist Benefits

By on January 21, 2022 in Legislation with 0 Comments

On January 18, 2022, Governor Murphy signed into law the “New Jersey Insurance Fair Conduct Act” (“IFCA”) which creates a private cause of action for insurance bad faith in the handling and payment of claims for uninsured/underinsured (“UM/UIM”) benefits. Under the IFCA, a claimant “who is unreasonably denied a claim for coverage or payment of […]

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Injured Passenger Involved In Auto Accident Not Entitled To Underinsured Motorist Coverage Under Owner’s Business Insurance Policy

By on January 14, 2022 in Coverage, Insurance with 0 Comments

Plaintiff, Maria Lopez Menjivar, and her friend and plaintiff’s boyfriend, had just returned from visiting a casino in Pennsylvania.  Plaintiff’s friend had driven her minivan and parked it on the side street in Plainfield, near where the plaintiff and her boyfriend lived.  While plaintiff was a back seat passenger of the vehicle, the defendant Neltson […]

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Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle

By on December 3, 2021 in Claims with 0 Comments

Plaintiff Christopher Ricciardi sued Allstate Insurance Company for underinsured motorist (UIM) coverage.  He was injured in a January 15, 2017 collision with an underinsured motorist while driving his brother’s pickup truck during their move to Florida.  Allstate insured his brother’s pickup truck.  Plaintiff had a personal vehicle insured by GEICO.  The issue in Ricciardi v. […]

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Plaintiff’s Claim for UIM Coverage Denied Based upon Regular Use Exclusion in Insurance Policy

By on December 11, 2020 in Coverage with 0 Comments

Plaintiff Edward Siemietkoski sought underinsured motorist (UIM) benefits from Geico Insurance Company (Geico) due to injuries suffered in an automobile accident with defendant Charlie Velasquez-Flores. Geico denied Plaintiff’s claim based on the “regular use” exclusion contained in his insurance policy. This exclusion restricts coverage “where an insured has sustained bodily injury while occupying a vehicle […]

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Assault or Battery Exclusion Bars Claim Against Insurance Company for Tavern’s Defense and Indemnification as to Lawsuit Involving Fatal Shooting of Patron

By on August 28, 2020 in Negligence with 0 Comments

In the published Appellate Division decision, Pickett v. Moore’s Lounge, 2020 N.J. Super. LEXIS 208 (App. Div. August 25, 2020), the Court was asked to decide whether insurance coverage existed as to the defendant tavern to cover the lawsuit against it for the fatal shooting of one its patrons. The tavern’s insurance company, Northfield Insurance […]

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Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention

By on July 24, 2020 in Claims with 0 Comments

In the lawsuit of City of Asbury Park v. Star Insurance Co., 2020 N.J. LEXIS 746 (June 29, 2020), the Supreme Court addressed a question of New Jersey law at the request of the United States Court of Appeals for the Third Circuit.  The question that was asked was “whether, under equitable principles of New […]

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Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy

By on May 15, 2020 in Court Rulings with 0 Comments

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 […]

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Plaintiff Permitted to “Board” Full Amount of Medical Expenses Not Covered by PIP

By on November 18, 2016 in Coverage with 0 Comments

Plaintiff Angel Viruet, Jr. was injured in an automobile accident and sued Defendant Fernando Maoine for his injuries. Plaintiff was insured by GEICO Insurance Company for his automobile insurance and had selected a limited PIP medical coverage benefits of $15,000. In Viruet v. Maoine, 2016 N.J. Super. Unpub. LEXIS 2426 (Law Div. Nov. 4, 2016), […]

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