Publications
An insurance policy excluding coverage for guest passengers who have UM/UIM coverage under their own policies of insurance is a permissible limitation on who qualifies as an "insured."
Guest passengers who have their own policies of UM/UIM coverage do not qualify as insureds under UM/UIM coverage of the policy covering the vehicle in which they are passengers.
Case Law Alert - 2nd Qtr 2011
Insurer is now liable for delay damages (pre-verdict interest) calculated on the entire verdict awarded by a jury rather than on the policy limits applicable to the plaintiff's claim.
The Superior Court has recently rendered a decision concerning the calculation of delay damages that insurers and their counsel should now consider in valuing a claim prior to trial.
Case Law Alert - 2nd Qtr 2011
The Supreme Court holds that a third-party who was terminated after his fiancée made a complaint of discrimination is protected under Title VII's anti-retaliation provision.
In Thompson, the plaintiff sought protection from Title VII's anti-retaliation provision after his employment was terminated, arguing that the employer terminated his employment because his fiancée filed a complaint of discrimination agai
Case Law Alert - 2nd Qtr 2011
As a matter of first impression, a cause of action under the New Jersey Insurance Fraud Prevention Act accrues based on the law provided under common law fraud.
This dispute arises from a motor vehicle accident involving the plaintiff, who was driving a vehicle insured by an automobile insurance policy issued by the defendant, NJ CURE.
Case Law Alert - 2nd Qtr 2011
Consequential damages for breach of insurance contract are limited to circumstances where insurer also breached the implied duty of good faith and fair dealing.
In the framework of insurance contracts, New York law allows for consequential damages upon a breach of good faith and fair dealing only if those damages were contemplated by the parties at the time of or prior to establishing the contract.
Case Law Alert - 2nd Qtr 2011
New Jersey Supreme Court reverses Appellate Division in seminal economic loss rule case dealing blow to manufacturers of home construction building components.
On Monday, November 15, 2010, the New Jersey Supreme Court issued its decision in this controversial case.
Case Law Alert - 2nd Qtr 2011
A safe haven from vicarious liability for the acts of supervisor require a showing of the existence and implementation of an effective harassment policy.
The plaintiff sued her employer, alleging a hostile work environment based upon gender and retaliation in violation of the NJLAD.
Case Law Alert - 2nd Qtr 2011
An employer is not precluded from seeking a termination or suspension of benefits on a date prior to the date of the notice of compensation payable.
The claimant was injured in a car accident while working as a probation officer. She began treating with a panel chiropractor, who subsequently found her to be fully recovered from the work-related strains and sprains as of October 19, 1995.
Exclusions from the definition of "employment" under the New Jersey Workers' Compensation Act: "casual employees" and "independent contractors."
The petitioner, a tree service technician, was a full-time employee of a tree service company who occasionally did subcontracting work for the respondent.
Case Law Alert - 2nd Qtr 2011
Claimant's failure to provide notice of a work injury within 120 days as required by section 311 of the Act warrants denial of claim petition.
A claim and penalty petition were denied by the workers' compensation judge and affirmed by the Appeal Board and Commonwealth Court.