On January 8, 2008, the New Jersey Legislature passed Senate Bill 176, which sought to amend the New Jersey Wrongful Death Statute to permit the family of a decedent to sue for the emotional harm suffered as a result of the decedent’s death. Fearing a significant detrimental impact on state and local budgets as well… [Read More]

In Shosha v. Crofton Common Associates, the New Jersey Appellate Division reversed the trial court’s decision granting Summary Judgment in favor of the Defendant, and finding that the Plaintiff had notice of the alleged hazardous condition. The Appellate Division held that when viewing the facts in a light most favorable to the Plaintiff, there remained… [Read More]

RETROAPPLICATION OF THE PROHIBITION OF THE STEP DOWN PROVISION IN CURRENT UIM/UM CASES – WHAT’S A CARRIER TO DO? In September of 2007,  Governor Corzine signed into law a new bill which prohibited the use of the “step down” provision in automobile liability insurance policies that were issued to business entities.  The “step down” issue… [Read More]

FEASIBILITY AND PRACTICALITY STANDARD UPHELD AS APPELLATE DIVISION REVERSES $13.4 MILLION PRODUCT LIABILITY JUDGMENT In the March 18, 2008 decision of Boyle v. Ford Motor Co., et al., A-0889-06T3, the Appellate Division overturned a $13.4 Million jury verdict against Ford Motor Company, holding that a manufacturer cannot be held liable for safety defects in its… [Read More]

IS  AN ACCIDENT THAT OCCURS DURING AN  OFF-SITE WORKING LUNCH BETWEEN TWO  MARRIED CO-WORKERS COMPENSABLE? In the case of Gersh v. Richard Gersh & Associates, Inc., 2008 WL 596788 (N.J. Super. A.D. 2008), the Appellate Division held that an accident which occurs during an off-site working lunch between two married co-workers is compensable. The petitioner,… [Read More]

APPELLATE DIVISION RULES: STATUTE OF LIMITATION ENDORSEMENT APPLIES EVEN IF THE  INSURED NEVER RECEIVED IT In Matos v. Farmers Mutual Fire Insurance Company of Salem County, 399 N.J. Super. 219 (2008), the Appellate Division ruled that a Statute of Limitations endorsement contained in a homeowners policy applies even if the insured never received it, so… [Read More]

There is a growing trend for healthcare payers to pursue claims against their beneficiaries for the proceeds of settlement relying upon subrogation provisions in their health plan documents. Accordingly, it is important to account for potential subrogation claims when negotiating the settlement of personal injury actions and accounting for all potential claimants. Recently, the U.S…. [Read More]

APPELLATE DIVISION UPHOLDS HOMEOWNER’S  EXCLUSION, APPLIES AUTO LIABILITY POLICY  TO SLIP AND FALL IN DRIVEWAY In the April 29, 2008 decision of Penn Nat’l Ins. Co. v. Costa, et al. v. Arians, et al., A-5162-06T3, the Appellate Division reversed the lower court’s decision in favor of an automobile insurer,  holding that an accident that occurred… [Read More]

APPELLATE DIVISION REQUIRES THE JURY TO DETERMINE WHETHER A PUBLIC ENTITY IS AT FAULT EVEN IF IT IS NOT LIABLE TO PAY DAMAGES In Bolz v. Bolz, recently decided on May 8, 2008, the New Jersey Appellate Division examined the combined effect of the New Jersey Tort Claims Act (“TCA”), the Joint Tortfeasors Contribution Law… [Read More]

Ken Rothschild, Esq.  was a recent guest speaker at the annual PAR Ltd conference in Houston attended by approximately 150 insurance agents/brokers from more than 30 states. Mr. Rothschild’s discussion focused on various issues concerning multi-state practices including;  non-compete agreements, document retention, late notice, claims made policy issues, punitive damages, and the recent changes in… [Read More]