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Uninsured and Underinsured Motorist Coverage in New Jersey

Uninsured and Underinsured Motorist Coverage in New Jersey

As the names suggest, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is the portion of an insured’s own policy of insurance under which he may be compensated for injuries and losses he suffers at the hands of uninsured/underinsured drivers. Uninsured Motorist coverage is applicable in accidents involving hit-and-run (or phantom vehicle) accidents or accidents where the other driver’s insurance has lapsed or is non-existent. On the other hand...

New Jersey Premises Liability: Who is Responsible

New Jersey Premises Liability: Who is Responsible

Common Law: Three Types of Visitors

Traditionally at common law, there are three categories of relationships between a landowner and a visitor. Each one requires something different from the landowner. Whether a fall occurred within a store, on the grounds of a business, or at a friend or acquaintance’s home, the first step will be to determine whether the premises owner owed the injured individual a duty of care...

New Jersey Supreme Court defines boundaries of the Mode of Operation Doctrine finding it not to apply to the sale of grapes in closed containers

New Jersey Supreme Court defines boundaries of the Mode of Operation Doctrine finding it not to apply to the sale of grapes in closed containers

The New Jersey Supreme Court ruled in a 4-2 decision that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.” Jeter v. Sam’s Club (A-2-21) (085880). The decision limits liability for injuries suffered due to a fall from a product spilled or dropped from self-service containers.

 

In the decision, the Court first defined the mode of operation rule as...

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

On January 20, 2022, the Appellate Division in the Estate of Dunmore v. Pleasantville Bd. of Educ., decided an issue of first impression: whether a parent’s tort claims notice for a Portee claim filed ninety-one days after a tragic shooting and eighty-six days after the child’s death was timely. Portee v. Jaffee, 84 N.J. 88 (1980) (referring to a claim for negligent infliction of emotional distress). Borrowing principles from N.J.S.A. 2A:14-2.1, the Appellate Division concluded that the claim was timely.

 

On November 15, 2019, the respondent, Angela Tennant, and her ten-year-old son, Micah Dunmore, were attending a high school football game at Pleasantville High School when an individual fired a gun into the stands...

The New Jersey Insurance Fair Conduct Act—Signed Into Law

The New Jersey Insurance Fair Conduct Act—Signed Into Law

On January 18, 2022, Governor Phil Murphy signed The New Jersey Fair Conduct Act, allowing policyholders to pursue a private cause of action against their insurance company when the insurer unreasonably delays or denies uninsured (UM) / underinsured (UIM) motorist claims.

 

Under the new law, an insured individual claiming UM/UIM benefits may now file a civil lawsuit against their insurance company if the company...

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

If there’s one thing worse than being in a car accident, it’s finding out that an unforeseen issue may or may not prevent you from pursuing adequate compensation. You may be in pain, daily life activities such as housework, school, or work are now more challenging, and medical bills are piling up.

 

What happens if the other driver does not have any insurance or a minimal amount of insurance? What if you are an undocumented/illegal immigrant? What if your license is suspended or your insurance has lapsed? As every accident involves many factors, it’s hard to say how your specific situation will play out, but the following post aims to answer common situations generally.

The New Jersey Insurance Fair Conduct Act Passed—Awaits Governor's Signature

The New Jersey Insurance Fair Conduct Act Passed—Awaits Governor's Signature

On January 10, 2022, just before the conclusion of the 219th New Jersey Legislature, The New Jersey Insurance Fair Conduct Act (S1559/A1659) squeaked through both houses and now sits on the desk of Governor Phil Murphy.

 

The new law establishes a private cause of action for first-party claimants regarding certain unfair or unreasonable practices by their insurer. It continues to be hotly contested by the insurance industry...

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