Search Rutgers Law Library N.J. Court Opinions

106 LISA FALK v. KEVIN DONOVAN -- rank: 621

... was $400,000, if she was entitled to UIM benefits. N.J.S.A. 17:28-1.1(e)(1). A-4236-18T4 4 appeal the trial ... Harleysville Ins. Co., 140 N.J. 397, 404 (1995) (citing N.J.S.A. 17:28-1.1(b)). 'UIM coverage provides to an insured a measure ...

docket:	a4236-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	23081

107 JANINE BALL v. CHARLES J. REESE -- rank: 621

... with Rite Aid. She points out that the UIM statute, N.J.S.A. 17:28-1.1, does not contain language concerning a setoff for settlements ... on behalf of 'anyone responsible' for a bodily injury. Rather, N.J.S.A. 17:28-1.1(e)(1) states, in more restrictive language, that '[t ... 2895-16T4 does not comport with the literal terms of N.J.S.A. 17:28- 1.1(e)(1). Despite plaintiff's arguments founded upon the ... specifically approved by the Department of Banking and Insurance. See N.J.S.A. 17:28-1.1(d) ('Uninsured and underinsured motorist coverage shall be subject ... policy endorsement, approved by the Commissioner of Insurance pursuant to N.J.S.[A.] 17:28-1.1(d), has been used by most of the insurers ...

docket:	a2895-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-15
status:	unpublished
citation:
Document Size:	26347

108 PATRICIA ENGRASSIA, Administratrix Ad Prosequendum of the Estate of Jason Marles, Deceased v. ERICK UZCATEGUI and HUNTERDON MOTORS, INC d/b/a HUNTERDON BMW and FEDERATED MUTUAL INSURANCE COMPANY and JOHN SADDY, SADDY FAMILY, LLC LASV, INC., and BAMBOO -- rank: 613

... by law. Id. at 400–01. The Court noted that N.J.S.A. 17:28-1.1(e) provides that [a] motor vehicle is underinsured when ... 15,000. Id. at 404. The Court observed that under N.J.S.A. 17:28-1.1(b), the right to recover UIM benefits depends on ...

docket:	a2755-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	84005

109 DOTO V. RUSSO -- rank: 611

... by Utica in which he was a named insured. See N.J.S.A. 17:28-1.1e. Doto recovered $500,000, the full UIM coverage available ... statutorily require only "minimum levels" of UM/UIM coverage, see N.J.S.A. 17:28-1.1b, courts have generally subscribed to the view that umbrella ...

docket:	a-111-94
court:	njsupreme
decided:	1995-06-29
status:
citation:	140 N.J. 544
Document Size:	51639

110 NEW JERSEY MANUFACTURERS INSURANCE COMPANY v. STATE FARM INDEMNITY COMPANY, et al. -- rank: 611

... Farm policy excluding Linke is contrary to statutory provisions, specifically N.J.S.A. 17:28-1.1, mandating optional UIM coverage. NJM argues that both the ... that such a modification of the UIM benefits is invalid. N.J.S.A. 17:28-1.1a, which requires a standard policy to provide UM coverage ... Selected Risks Ins. Co. , 82 N.J. 236 , 240 (1980)). N.J.S.A. 17:28-1.1a "contains no language requiring that the insured's vehicle ... to increased UM or UIM coverage above the required minimum. N.J.S.A. 17:28-1.lb provides that increased limits "shall be provided as an ... to be prorated with other similar coverage as required by N.J.S.A. 17:28-1.1c. Accordingly, we are satisfied that the modification to the ...

docket:	A1178-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-23
status:	unpublished
citation:
Document Size:	56992

111 CHRISTOPHER COX v. KRYSTAL TOMASSO -- rank: 611

... underinsured compared to the coverage on plaintiff's motorcycle. See N.J.S.A. 17:28-1.1(e)(1) (defining underinsured motor vehicle).2 However, plaintiff ... it is consistent with the purpose of the UIM statute, N.J.S.A. 17:28-1.1(b). That statute limits the purchase of UIM coverage ... NJM's argument that either the coverage parity provisions of N.J.S.A. 17:28-1.1(b), or the motorcycle 6 We need not reach ...

docket:	a0106-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-01
status:	Unpublished
citation:
Document Size:	18587

112 ROBERT and ANTONIA FLAHERTY v. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY -- rank: 608

... down provision in Harleysville's policy was rendered unenforceable by N.J.S.A. 17:28-1.1(f). In reaching this result, the court concluded that the Legislature intended for N.J.S.A. 17:28-1.1(f) to apply retroactively to any UIM claim filed ... clause in the Harleysville policy was not enforceable pursuant to N.J.S.A. 17:28-1.1(f). The Legislature expressly adopted to overrule the Supreme ... 401 N.J. Super. 496 (App. Div. 2008), holding that N.J.S.A. 17:28-1.1(f) is to be applied prospectively only. Reversed. 1 ...

docket:	a3796-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-11
status:	unpublished
citation:
Document Size:	15789

113 /usr/local/share/www/libweb/collections/courts/appellate/a2707-17.opn.html -- rank: 608

... judgment in favor of defendant on January 10, 2018. I. N.J.S.A. 17:28-1.1(a)(2) provides that, no motor vehicle liability policy ... use of such uninsured or hit and run motor vehicle[.] N.J.S.A. 17:28-1.1(e)(2) defines an 'uninsured motor vehicle' as (a ... N.J. 493, 503-04 (1987). A-2707-17T3 7 ' N.J.S.A. 17:28-1.1 must be construed liberally to foster the protection UM ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	31953

114 DANIEL DIGIROLAMO v. GEICO GENERAL INSURANCE COMPANY -- rank: 606

... was enacted on September 10, 2007, L. 2007, c. 163; N.J.S.A. 17:28-1.1f, should be applied retroactively in this case. Because this ... to Mr. DiGirolamo under his employer's policy with Zurich. N.J.S.A. 17:28-1.1e(2)(c). Although the limit of UM coverage is ... in a personal policy "[ran] afoul of the provisions of N.J.S.A. 17:28-1.1" as written at that time). The statutory amendment prohibiting ... of this court have considered whether the reform enacted in N.J.S.A. 17:28-1.1f applies prospectively or retroactively. Both cases, like this one ... J. Super. at 143-46. Thus, while we agree that N.J.S.A. 17:28-1.1f cannot be applied to afford plaintiffs relief, our reasons ...

docket:	a2962-08
court:	NJ Superior Court Appellate Division
decided:	2010-04-07
status:	unpublished
citation:
Document Size:	16958

115 KATHLEEN LEGGETTE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY quot;GEICO" and DERICK HARRIS -- rank: 603

... complaint, plaintiff sought personal injury protection (PIP) benefits, pursuant to N.J.S.A. 17:28-1.4, commonly known as the "Deemer Statute," which generally requires ... on appeal requires consideration of the Legislative intent in enacting N.J.S.A. 17:28-1.4. These principles guide our review. A matter of statutory ... under the policy is used or operated in this State. . . . [ N.J.S.A. 17:28-1.4.] "In short, the Deemer Statute furnishes the covered out ... whether an out-of-state automobile policy is deemed by N.J.S.A. 17:28-1.4 to provide PIP benefits when the named insured is ... include merely driving a vehicle into New Jersey is overbroad. N.J.S.A. 17:28-1.4. We cannot reconcile the Legislature's intent in enacting ... extend PIP benefits to satisfy her medical costs. Affirmed. 1 " N.J.S.A. 17:28-1.4 apparently acquired its name as the Deemer Statute ...

docket:	a1911-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	published
citation:	450 N.J.Super. 261 161 A.3d 769
Document Size:	31624

116 Progressive Casualty Insurance Company v. Robert Matthew Hurley, et al. -- rank: 603

... Progressive was not required to provide UM coverage pursuant to N.J.S.A. 17:28-1.1 for a borrowed car neither registered nor principally garaged ...

docket:	a-96-99
court:	njsupreme
decided:	2001-01-29
status:
citation:	166 N.J. 260
Document Size:	58205

117 WILLIAM SCHECKEL VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY -- rank: 603

... 107-08 (discussing the UM statutory requirements set forth in N.J.S.A. 17:28-1.1). See footnote 3     In this case, as in Norman ... s contention that the notice provisions in the policy violate N.J.S.A. 17:28-1.1 is without merit. R. 2:11-3(e)(1 ... as a student at the University of Chicago. Footnote: 3 N.J.S.A. 17:28-1.1 requires every automobile liability policy issued in New Jersey ... as defined in N.J.S.A. 39:6-78. N.J.S.A. 17:28-1.1e(2)(c). N.J.S.A. 39:6-78 ...

docket:	a7095-96
court:	njappellate
decided:	1998-11-13
status:	published
citation:	316 N.J.Super. 326
Document Size:	23270

118 Raymond Pinto, Jr., v. New Jersey Manufacturers Insurance Company, et al. -- rank: 598

... the course of employment.” Id. at 481. The UIM statute, N.J.S.A. 17:28-1.1e, applies to all UIM insurance coverage “held” by the ... s insurance policy’s UIM coverage within the meaning of N.J.S.A. 17:28-1.1e. Breen , supra , 153 N.J. at 431. However, Justice ...

docket:	a-89-03
court:	njsupreme
decided:	2005-06-06
status:
citation:	183 N.J. 405
Document Size:	59827

119 21st CENTURY INSURANCE COMPANY v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION AS STATUTORY ADMINISTRATOR OF UNSATISFIED CLAIM AND JUDGMENT FUND -- rank: 598

... N.J.S.A. 39:6A-4. Instead, pursuant to N.J.S.A. 17:28-1.3, Blatz's PIP benefits were the responsibility of Translico ... March 2006 that all risk retention groups must comply with N.J.S.A. 17:28-1.3 by providing pedestrian PIP coverage for commercial vehicles in ... of Banking and Insurance that it was in compliance with N.J.S.A. 17:28-1.4, and specifically with its provisions requiring mandatory coverage for ... responsible for pedestrian-PIP claims under policies issued pursuant to N.J.S.A. 17:28-1.3 by commercial insurers who are members of PLIGA because ...

docket:	a1773-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-14
status:	unpublished
citation:
Document Size:	17976

120 /usr/local/share/www/libweb/collections/courts/appellate/a4319-19.opn.html -- rank: 595

... NJM also asserted that plaintiff's claim was barred by N.J.S.A. 17:28-1.1 and relevant case law. Thereafter, NJM filed a motion ... accident against the risk of injury caused by underinsured tortfeasors. N.J.S.A. 17:28-1.1(b). An individual against whom recovery is sought after ... vehicle insurance policy held by the person seeking that recovery.' N.J.S.A. 17:28-1.1(e)(1). A UIM carrier who pays benefits to ...

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