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]

New Jersey Court Rules provide an“Offer of Judgment” rule under R.4:58-1. The Rule allows any party involved in  litigation to file an offer of monetary judgment with the Court and serve on any party an offer in favor of the offeror or to allow judgment to be taken against the offeror for a sum stated… [Read More]

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]

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]

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]