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136 TAHIYYAH JONES v. NASER CITY TRANSPORTATION CORP., et al. -- rank: 585

... 1957). The statutory rule governing UM coverage is stated in N.J.S.A. 17:28-1.1, which, in pertinent part, requires that all motor vehicle ... automobiles, it was not reluctant to do so expressly. Thus, N.J.S.A. 17:28-1.6 requires the equivalent of PIP insurance for passengers in ... omnibus" in N.J.S.A. 39:1-1, while N.J.S.A. 17:28-1.5 expressly reiterates that PIP need not be carried by ... A. 39:6-61 to -91. Thus, our reading of N.J.S.A. 17:28-1.1 is compatible with the overall legislative design. Reversed. Plaintiff ... held because the exclusion conflicted with the coverage mandated by N.J.S.A. 17:28-1.1. That is not the case here. (continued) (continued) 5 ...

docket:	A1419-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-02
status:	published
citation:
Document Size:	31874

137 United Services Automobile Association v. Timothy B. Turck -- rank: 583

... coverage to their insureds. L. 1968, c. 385 (codified at N.J.S.A. 17:28-1.1 and -1.2). The legislation had a two-fold ...

docket:	a-168-97
court:	njsupreme
decided:	1998-12-17
status:
citation:	156 N.J. 480
Document Size:	43158

138 JASPER T. LYMON v. CAPE TRANSIT CORPORATION, et al. -- rank: 583

... obligated to provide PIP benefits to their own passengers under N.J.S.A. 17:28-1.6. Defendants urged that the verbal threshold statutes contained in ... the tractor trailer. Defendants resisted, arguing that the deemer statute, N.J.S.A. 17:28-1.4, made no provision for PIP benefits for bus passengers ... must be understood.     The legislative mandate for PIP coverage in N.J.S.A. 17:28-1.6 and -1.7. The legislative scheme in N.J.S.A. 17:28-1.6 and -1.7 is directed solely toward providing coverage ...

docket:	a5773-99
court:	njappellate
decided:	2001-05-11
status:	published
citation:	340 N.J. Super. 573
Document Size:	9166

139 JOHN KARAMISAKIS v. MARK and CAROL BLUMBERG -- rank: 580

... applicable as the result of New Jersey's deemer statute, N.J.S.A. 17:28-1.4, which provides in relevant part: [A]ny insurer . . . controlling ... appeal. The judge was not persuaded by the argument that N.J.S.A. 17:28-1.4 requires the use or operation of the insured vehicle ... Co. , 264 N.J. Super. 367 , 374 (App. Div. 1993) (" N.J.S.A. 17:28-1.4 applies only to 'automobiles' which are 'used or operated ... 8a to Karamisakis through the operation of the deemer statute, N.J.S.A. 17:28-1.4. We do not address whether any other law serves ...

docket:	a6904-03
court:	njappellate
decided:	2005-11-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49587

140 SELECTIVE INSURANCE COMPANY OF AMERICA VS JOSEPH V. & HELEN R. HOJNOSKI & RIDER INSURANCE COMPANY -- rank: 578

... must be read as subject to the limitation set by N.J.S.A. 17:28-1.1b, i.e. an insurer cannot offer an amount of ... Selective policy. In count two, Selective alleged that Rider violated N.J.S.A. 17:28-1.1b by failing to offer the Hojnoskis UIM benefits up ... its right to appeal. I     On appeal, Selective contends that N.J.S.A. 17:28-1.1 requires insurers licensed to do business in New Jersey ... combined limit of $500,000. We disagree.     In relevant part, N.J.S.A. 17:28-1.1b provides as follows:         Uninsured and underinsured motorist coverage shall ...

docket:	a1623-97
court:	njappellate
decided:	1998-12-30
status:	published
citation:	<a href=
Document Size:	18979

141 GUISEPE A. IELLIMO v. AMICA MUTUAL INSURANCE COMPANY -- rank: 575

... 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:	a4975-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	33052

142 OMAR SANDERS v. NORMA K. LANGEMEIER -- rank: 575

... shall not include a vehicle covered by a basic policy. N.J.S.A. 17:28-1.1 was also amended to except the basic policy from ...

docket:	a4335-06
court:	njappellate
decided:	2008-06-19
status:	published
citation:	401 N.J.Super. 125
Document Size:	51235

143 AUGUSTINE W. BADIALI v. NEW JERSEY MANUFACTURERS INSURANCE GROUP -- rank: 573

... the arbitration award because Harleysville also provided UM coverage, See N.J.S.A. 17:28-1.1(c), and acknowledged that its ultimate liability did not ...

docket:	a2795-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-28
status:	published
citation:	429 N.J.Super. 121 57 A.3d 37
Document Size:	23692

144 DENISE V. THOMAS v. MARIA BOBADILLA -- rank: 573

... provide her with uninsured motorist benefits under the Deemer Statute, N.J.S.A. 17:28-1.4, as Bobadilla was covered by a basic insurance policy ... to a New Jersey policy with the lawsuit limitation option. N.J.S.A. 17:28-1.45; N.J.S.A. 39:6A-8(a). Several ... under the policy is used or operated in this State." N.J.S.A. 17:28-1.4 (emphasis added). The question in this case is whether ...

docket:	a1834-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-21
status:	unpublished
citation:
Document Size:	16413

145 IFA INSURANCE COMPANY v. ROBERT E. HILL -- rank: 573

... state policy was reformed, by operation of the deemer statute, N.J.S.A. 17:28-1.4, 1 to include PIP coverage in these circumstances. We ... or motor vehicle is used or operated in this State." N.J.S.A. 17:28-1.4. This is a misreading of the statute, which does ... opinion. R. 2:11-3(e)(1)(E). Affirmed. 1 N.J.S.A. 17:28-1.4 states: "Any insurer . . . controlling or controlled by, or under ...

docket:	a5405-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-14
status:	unpublished
citation:
Document Size:	14995

146 ARTHUR J. BROWNv. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 573

... Exclusion 5 is unlawful and ambiguous because it conflicts with N.J.S.A. 17:28-1.1 by 'excluding UM coverage in the same provision in ... majority's holding in that case. 3 Lovering is correct N.J.S.A. 17:28-1.1 requires UM coverage for New Jersey drivers. However, Lovering ...

docket:	a0842-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	44975

147 MARGARET SAMUEL VS JOHN DOE & ET ALS -- rank: 570

... of the MTF policy is rooted in the language of N.J.S.A. 17:28-1.1. We are not persuaded by any of the three ... MTF policy because the LeBaron is not an uninsured vehicle." N.J.S.A. 17:28-1.1. I disagree, however, with their decision to relax Rule ...

docket:	a3627-96
court:	njappellate
decided:	1998-04-02
status:	published
citation:	309 N.J.Super. 406
Document Size:	23179

148 ARI MUTUAL INSURANCE CO v. ANTONIO JORGE -- rank: 570

... 2007 statute superseded Pinto by making step-down clauses unenforceable, N.J.S.A. 17:28-1.1(f), but Jorge concedes that the statute is not ... with Olkusz on the retroactivity issue, but declining to apply N.J.S.A. 17:28-1.1(f) to the plaintiff's claim because the relevant ...

docket:	a1256-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	22040

149 VITO CANNAVO, III v. LIBERTY MUTUAL INSURANCE COMPANY -- rank: 568

... overruled by P.L. 2007, c.163, an amendment to N.J.S.A. 17:28-1.1, effective September 10, 2007. That amendment adds paragraph f ...

docket:	a6458-05
court:	njappellate
decided:	2007-10-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	57420

150 NEW JERSEY MANUFACTURERS INS. CO. VS RUTH BREEN -- rank: 568

... s customers to $15,000, and the "parity" provision of N.J.S.A. 17:28-1.1e (emphasis added).] The insurer contended that because underinsured motorist ... ground that, once an insured had purchased underinsured motorist insurance, N.J.S.A. 17:28-1.1b and -1.1e prohibited the insurer from reducing the ... expressly overruled. The purpose of Aubrey's new interpretation of N.J.S.A. 17:28-1.1e is presumably to further the legislative intent of rewarding ...

docket:	a4681-95
court:	njappellate
decided:	1997-02-19
status:	published
citation:	297 N.J.Super. 503
Document Size:	39820