A Capehart Scatchard Blog

Tag: Judgment Rule

How to Apply Offer of Judgment Rule in an Underinsured Motorist Case

By on February 23, 2018 in Litigation with 0 Comments

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. […]

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High-low Agreement Barred Award of Attorney’s Fees under Offer of Judgment Rule

By on March 2, 2017 in Awards with 0 Comments

Plaintiff Lucia Serico entered into a high-low agreement with defendant Robert M. Rothberg, M.D. to resolve her claim against the defendant. However, in reaching this settlement, plaintiff did not expressly reserve her rights to recover fees under the Offer of Judgment rule. Based upon the jury award, the plaintiff would have been entitled to these […]

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