Search Rutgers Law Library N.J. Court Opinions

121 PRUDENTIAL PROPERTY & CASUALTY INS. CO., OF NEW JERSEY VS STATE FARM INS. CO. -- rank: 595

... the French decision makes clear that, subject to compliance with N.J.S.A. 17:28-1.1, courts must enforce the plain language of the applicable ... J. Super. at 418, we considered whether the language of N.J.S.A. 17:28-1.1c compelled a different result. N.J.S.A. 17:28-1.1c provides:          Uninsured and underinsured motorist coverage provided for in ... here, Royal pointed out that while the first sentence of N.J.S.A. 17:28-1.1c begins with the words "uninsured and underinsured motorist coverage ... UIM coverage as being included in the second sentence of N.J.S.A. 17:28-1.1c. French , supra , 149 N.J. at 495. As the ...

docket:	a2752-96
court:	njappellate
decided:	1997-12-19
status:	published
citation:	<a href=
Document Size:	18074

122 JOSE CARBAJAL v. NANCY V. PATEL -- rank: 595

... 1999-19 14 a UM provision since 1968.' Ibid. (citing N.J.S.A. 17:28-1.1). But 'to collect under UM coverage, the claimant-insured ...

docket:	a1999-19
court:	NJ Superior Court Appellate Division
decided:	2021-06-02
status:	Published
citation:
Document Size:	46613

123 VINCENT F. BALDASSANO v. HIGH POINT INSURANCE COMPANY -- rank: 595

... comply with the statutory requirements to qualify for immunity under N.J.S.A. 17:28-1.9 because (1) the agent, not the insured, selected the ... Div. 1997) (holding that "the special coverage selection requirements of [ N.J.S.A. 17:28-1.9(b)] must be met" before affording immunity under N ... 39:6A-23 "are preconditions to qualifying for immunity under N.J.S.A. 17:28-1.9"). Pursuant to the statute, "a written notice identifying [all ... we should look to Avery , because there we held that N.J.S.A. 17:28-1.9 requires a two-step process to effectuate the coverage ...

docket:	A2183-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-08
status:	published
citation:	396 N.J.Super. 448 934 A.2d 678
Document Size:	44651

124 FELICIANO PRATTS v. CHRISTINE A. HULME and MARY C. WILSON -- rank: 593

... under the mistaken belief that New Jersey's "deemer statute," N.J.S.A. 17:28-1.4, required it to do so. American also incurred $2282 ... that it was required by New Jersey's "deemer statute," N.J.S.A. 17:28-1.4. Had such a circumstance been contemplated by the drafter ... under the policy is used or operated in this State. [ N.J.S.A. 17:28-1.4.] It is undisputed that both American and Providence are ...

docket:	A2773-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-20
status:	unpublished
citation:
Document Size:	60165

125 GREGORY B. EVANGELOU VS SPARTACO V. TERZANO ET AL -- rank: 590

... additional or increased limits of UM/UIM coverage pursuant to N.J.S.A. 17:28-1.9, noting that the statute had been recently construed by ... Strube v. Travelers Indem. Co. of Ill. , supra , which construed N.J.S.A. 17:28-1.9 to be retroactive, and, if necessary, also evaluate the ...

docket:	a4752-95
court:	njappellate
decided:	1997-03-12
status:	published
citation:	298 N.J.Super. 467
Document Size:	28950

126 EXCHANGE v. SABRINA A. PEREZ -- rank: 590

... basic policy are not considered "uninsured motor vehicles" pursuant to N.J.S.A. 17:28-1.1(e)(2). We observed that a person with the ...

docket:	a3100-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	published
citation:	432 N.J.Super. 526 75 A.3d 1233
Document Size:	36937

127 RAMON TOULSON v. JOSEPH HARTMAN -- rank: 590

... Comm. of Manalapan, 140 N.J. 366, 378 (1995). Under N.J.S.A. 17:28-1.1(e)(1), A motor vehicle is underinsured when the ... App. Div. 1989) ('Under the explicit and unambiguous language of [N.J.S.A. 17:28-1.1(e)(1)], the insureds' underinsured A-0103-22 7 ... insurance or bonds.'). We explained that the last sentence of N.J.S.A. 17:28-1.1(e)(1) created a pro tanto setoff requirement. Nikiper ...

docket:	a0103-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:	Unpublished
citation:
Document Size:	16752

128 JUAN GUITERREZ-GANAN v. ALLSTATE INSURANCE COMPANY -- rank: 590

... that decision, the trial court rejected plaintiff's argument that N.J.S.A. 17:28-1.4, the 'Deemer Statute,' effectively meant he had maintained the ... the minimum PIP coverage required by New Jersey law. See N.J.S.A. 17:28-1.4. The statute's general purpose 'is to ensure that ... in this State.'' Zabilowicz, 200 N.J. at 513 (quoting N.J.S.A. 17:28-1.4). Plaintiff argues that, by virtue of this Deemer Statute ...

docket:	a0646-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-01
status:	Unpublished
citation:
Document Size:	17579

129 PROGRESSIVE CASUALTY INSURANCE COMPANY, AN INSURANCE CARRIER v. ROBERT MATTHEW HURLEY & DEVIL ELEVEN, INC., A NEW JERSEY CORPORATION, -- rank: 588

... 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 ... was labeled as a "Business Auto Policy." As required by N.J.S.A. 17:28-1.1, a UM and UIM insurance endorsement was attached to the policy. However, N.J.S.A. 17:28-1.1 requires a UM and UIM insurance provision only for ...

docket:	a7174-97
court:	njappellate
decided:	2000-01-10
status:	published
citation:	327 N.J.Super. 179
Document Size:	13878

130 CONSTANZA ZAMBRANA v. NATIONAL CONTINENTAL PROGRESSIVE INSURANCE COMPANY -- rank: 588

... Bd. , 401 N.J. Super. 563 , 567 (App. Div. 2008). N.J.S.A. 17:28-1.1 governs statutorily-mandated UM coverage benefits. The statute provides ... run motor vehicle anywhere within the United States or Canada . [ N.J.S.A. 17:28-1.1a(2) (emphasis added).] Courts apply a two-prong test ... maintenance or use' of the vehicle." Id. at 578 (quoting N.J.S.A. 17:28-1.1a.). In Cerullo , the plaintiff, while operating his automobile, "cut ... is focusing on the wrong vehicle. The statutory language of N.J.S.A. 17:28-1.1a(2) provides that UM benefits apply only when the ...

docket:	a3903-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-26
status:	unpublished
citation:
Document Size:	24533

131 MARK TLUMACKI v. CNA INSURANCE COMPANIES -- rank: 588

... We disagree. The duty to exhaust available coverage derives from N.J.S.A. 17:28-1.1(e)(1), which provides in pertinent part that "[a ... In our judgment, the settlement satisfied plaintiff's obligation under N.J.S.A. 17:28-1.1(e)(1) to exhaust the limits of Hsu's ...

docket:	a4024-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	unpublished
citation:
Document Size:	49799

132 MARK TLUMACKI v. CNA INSURANCE COMPANIES -- rank: 588

... We disagree. The duty to exhaust available coverage derives from N.J.S.A. 17:28-1.1(e)(1), which provides in pertinent part that "[a ... In our judgment, the settlement satisfied plaintiff's obligation under N.J.S.A. 17:28-1.1(e)(1) to exhaust the limits of Hsu's ...

docket:	a4249-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	Published
citation:
Document Size:	48290

133 CHERYL SAUSELEIN-RACZ v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 588

... 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 ...

docket:	a2322-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	33367

134 MAURO RAMOS v. JAMES DURR WHOLESALE FLORIST -- rank: 585

... company with the judge's interpretation of the UIM statute, N.J.S.A. 17:28-1.1e. Our scope of review of the application of 140 ... liability carrier, AIG, constituted a "duplicate" payment for purposes of N.J.S.A. 17:28-1.1e. The obvious answer is that we simply do not ... flowing from Durr's intentional wrong. We have recognized that N.J.S.A. 17:28-1.1e requires the set-off against the UIM limits of ...

docket:	a1033-08
court:	superior court appellate division
decided:	2010-07-29
status:	Unpublished
citation:
Document Size:	38874

135 MATERIAL DAMAGE ADJUSTMENT CORP. VS THE NEW JERSEY PROPERTY INS. ASSOC. -- rank: 585

... which sought to compel defendant to submit to arbitration under N.J.S.A. 17:28-1.1 respecting uninsured motorist ("UM") coverage for one Peter Christo ... the other-insurance provision in its UM coverage clause.     Significantly, N.J.S.A. 17:28-1.1c, which includes an "anti-stacking" provision for uninsured motorist ... S.A. 17:30A-5d frustrates the articulated mandate of N.J.S.A. 17:28-1.1c and ignores the pro-rata clause of the insured ... entry of a judgment compelling defendant PLIGA to submit to N.J.S.A. 17:28-1.1 arbitration among Christo, MDAC and PLIGA. Footnote: 1 Our ...

docket:	a6610-94
court:	njappellate
decided:	1996-09-26
status:	published
citation:	294 N.J.Super. 81
Document Size:	14636