Publications
Insurance — discovery in PIP actions limited to PIP statute
The Appellate Division held that a private automobile insurer providing PIP coverage is not entitled to declaratory relief compelling expansive discovery from the assignee health-care providers in its internal investigation of suspected insurance
Case Law Alert - 1st Qtr 2011
Intentional acts do not constitute an “occurrence.”
Where a complaint alleged that the defendants committed intentional acts, rather than negligent acts, such allegations did not trigger a duty to defend or indemnify under an occurrence-based insurance policy because intentional acts do not constit
Case Law Alert - 1st Qtr 2011
Amendments to Florida rules of civil procedure
The Florida Supreme Court recently amended the Florida Rules of Civil Procedure. The changes take effect on January 1, 2011, at 12:01 a.m. Here are some of the most significant amendments to the Rules.
Case Law Alert - 1st Qtr 2011
Insurance — intentional acts means no coverage
The plaintiff filed this action seeking a declaration of coverage after a jury in the underlying matter convicted the defendant's insured of intentional assault and battery and awarded her $250,000.
Case Law Alert - 1st Qtr 2011
Aerosol solution — strict liability
In a strict liability action under New Jersey law, the court erred by instructing the jury on principles of comparative and contributory negligence and assumption of risk and failing to limit consideration of the conduct of the plaintiff.
Case Law Alert - 1st Qtr 2011
Strict liability – pharmaceuticals
Appellate Division of the New Jersey Superior Court vacated a $10.5 million compensatory damages judgment and remanded the case for a new trial so that Roche could provide quantitative information to the jury relating to the number of Accutane use
Case Law Alert - 1st Qtr 2011
Tree stand — manufacturing defect
When asserting an affirmative defense, the defendant bears the burden of showing highly reckless conduct by the plaintiff.
Case Law Alert - 1st Qtr 2011
Insurance — coverage — bad faith
The defendant, New Jersey Manufacturers Insurance Company ("NJM"), appealed the summary judgment order determining that NJM had breached its duties by declining to settle a tort action against its insureds within the coverage limits of i
Case Law Alert - 1st Qtr 2011
ATV – rollover accident
Summary judgment for manufacturer reversed since a portion of the expert report addressing foot-related safety hazards regarding ATV does not raise a new cause of action after expiration of the statute of limitations when claims alleging absence o
Case Law Alert - 1st Qtr 2011
The penalty provision of the Workers' Compensation Act gets more teeth: a judge of compensation must award counsel fees in addition to penalties when an employer fails to make timely payment of temporary disability benefits.
On June 25, 2003, the petitioner filed a claim petition for injuries arising out of an April 26, 2002, work-related incident while working for the employer.