On September 10, 2007, Governor Corzine signed into law a bill prohibiting the use of step-down provisions in automobile liability insurance policies issued to business entities. Step-down provisions in insurance policies previously provided for different levels of coverage to different insureds based on their status or the existence of other insurance. The provisions furnished an… [Read More]
It Only Takes One: Once One Bodily Injury Crosses The Verbal Threshold
In Johnson v. Scaccetti, the New Jersey Supreme Court held that if a single bodily injury proximately caused by a motor vehicle accident vaults the lawsuit threshold, the jury may consider all other injuries in calculating noneconomic damages. It is well known that an automobile insurance policyholder who chooses the limitation on lawsuit threshold of… [Read More]
E&O In The Real World
Often, rules, laws, regulations, and the like are not what control the ultimate outcome of any particular E&O claim. Frequently, juries and judges tend to draw their conclusions from gut reactions to the facts of a case, rather than strict adherence to a regulation, a statute, or prior case law. It is not that regulations,… [Read More]
Trial & Tribulations Summer 2008
Lundell Serves as Arbitrator In February of 2008, Philip A. Lundell was re-certified by the Superior Court of New Jersey as an Arbitrator in the Court’s Mandatory Arbitration Program. Mr. Lundell routinely sit as an Arbitrator on behalf of the Superior Court of New Jersey in various counties throughout the State. He was also recently… [Read More]
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