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31 PAUL RANSOM VS CIGNA INSURANCE COMPANY, ET AL -- rank: 762

... this appeal. I     Appellants contend that the trial court misinterpreted N.J.S.A. 17:28-1.1c and erred in finding that recovery under their personal ... of each coverage bear to the total of the limits .         [ N.J.S.A. 17:28-1.1c (emphasis added).]     Here, the Cigna policy affords the highest ... 510 (App. Div. 1993). Only a few cases have interpreted N.J.S.A. 17:28-1.1c. See Schaser , supra ; Rox v. Allstate Ins. Co. , 250 ... under both policies pursuant to the pro-rata scheme of N.J.S.A. 17:28-1.1c. Ibid.     The Law Division judge found that Allstate was ... Id. at 465. The judge stated:         [t]he provisions of N.J.S.A. 17:28-1.1c are clearly applicable to the traditional stacking situation and ... court that the prorating of U.M. policies pursuant to N.J.S.A. 17:28-1.1c is not to be utilized to cause multiple ...

docket:	a5377-95
court:	njappellate
decided:	1997-05-15
status:	published
citation:	300 N.J.Super. 444
Document Size:	25832

32 PAUL RANSOM VS CIGNA INSURANCE COMPANY, ET AL -- rank: 762

... this appeal. I     Appellants contend that the trial court misinterpreted N.J.S.A. 17:28-1.1c and erred in finding that recovery under their personal ... of each coverage bear to the total of the limits .         [ N.J.S.A. 17:28-1.1c (emphasis added).]     Here, the Cigna policy affords the highest ... 510 (App. Div. 1993). Only a few cases have interpreted N.J.S.A. 17:28-1.1c. See Schaser , supra ; Rox v. Allstate Ins. Co. , 250 ... under both policies pursuant to the pro-rata scheme of N.J.S.A. 17:28-1.1c. Ibid.     The Law Division judge found that Allstate was ... Id. at 465. The judge stated:         [t]he provisions of N.J.S.A. 17:28-1.1c are clearly applicable to the traditional stacking situation and ... court that the prorating of U.M. policies pursuant to N.J.S.A. 17:28-1.1c is not to be utilized to cause multiple ...

docket:	a5411-95
court:	njappellate
decided:	1997-05-15
status:	published
citation:	300 N.J.Super. 444
Document Size:	25832

33 Augustine W. Badiali v. New Jersey Manufacturer’s Insurance Group -- rank: 760

... contractually and statutorily obligated to share this award equally. See N.J.S.A. 17:28-1.1(c). Harleysville paid its half, $14,574.31. However ... damages” exceeded $15,000, the statutory minimum limit imposed by N.J.S.A. 17:28-1.1a. The insurer opposed the plaintiff’s demand for a ... the $15,000 statutory minimum limit for liability imposed by N.J.S.A. 17:28-1.1a. Nevertheless, NJM filed a motion to reject the award ... motor vehicle by an individual without liability insurance coverage. See N.J.S.A. 17:28-1.4. UM coverage exists to compensate victims injured by an “uninsured motor vehicle.” See N.J.S.A. 17:28-1.1e(2). UM insurance extends protection to the injured victim ... 149 N.J. 478 (1997). UIM coverage is defined by N.J.S.A. 17:28-1.1(e)(1), as insurance for damages because of ...

docket:	A-48-12
court:	NJ Supreme Court
decided:	2015-02-18
status:
citation:	220 N.J. 544 107 A.3d 1281
Document Size:	81125

34 KEI NAM PARK VS EUN BAE PARK, DUCK JU KIM, ET AL -- rank: 757

... New Jersey are mandated by the so-called deemer statute, N.J.S.A. 17:28-1.4. Since the reimbursement statute expressly includes PIP payments made ... to Chapter 6A of Title 39 or the deemer statute, N.J.S.A. 17:28-1.4. It is not disputed that Hunt and Chaney, as ... 1 (requiring commercial vehicles to maintain automobile liability coverage alone); N.J.S.A. 17:28-1.6. We agree.     The deemer statute, N.J.S.A. 17:28-1.4, adopted by L. 1985, c. 520, and technically amended ... New Jersey registered motor vehicles, including all mandated PIP coverage.      N.J.S.A. 17:28-1.5 to -1.9, requiring PIP protection for bus passengers ... years after the most recent amendment of the deemer statute. N.J.S.A. 17:28-1.7 subjects the benefits payable under the statute to ...

docket:	a3922-96
court:	njappellate
decided:	1998-03-12
status:	published
citation:	<a href=
Document Size:	17585

35 WENDY KIRK, v. STATE FARM INSURANCE COMPANY -- rank: 755

... State Farm and Joseph Ciraulo based on immunity pursuant to N.J.S.A. 17:28-1.9(a) and denying her reconsideration motion. Because genuine issues ... Ciraulo were statutorily immune from plaintiff's action pursuant to N.J.S.A. 17:28-1.9(a) and that '[n]o A-2445-20 6 ... in this case as being willful or grossly negligent under [N.J.S.A. 17:28-1.9(a)] so to negate the immunity given under the ... an abuse of discretion. Branch, 244 N.J. at 582. N.J.S.A. 17:28-1.9(a), which is the basis of the statutory immunity ... Co., 277 N.J. Super. 236, 237 (App. Div. 1994) (' N.J.S.A. 17:28-1.9(a) provides that no person shall be liable in ... o.b., 142 N.J. 570 (1995). The Legislature enacted N.J.S.A. 17:28-1.9(a) 'to abrogate prior judicial decisions holding insurers, ...

docket:	a2445-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-13
status:	Unpublished
citation:
Document Size:	27987

36 A-0NELSON R. NELSON v. RIDER INSURANCE COMPANY and ALLSTATE NEW JERSEY PROPERTY AND CASUALTY COMPANY August 11, 2015 -- rank: 752

... cross-claim against Allstate seeking pro rata contribution pursuant to N.J.S.A. 17:28-1.1(c). Thereafter, the parties entered into a consent order ... that under the undisputed and controlling facts of this case, N.J.S.A. 17:28-1.1 precluded Allstate from enforcing the step-down clause in ... to decide whether the Legislature's UM coverage requirement in N.J.S.A. 17:28-1.1 is violated by an insurance policy provision that excludes ... provide UM coverage in standard automobile insurance policies pursuant to N.J.S.A. 17:28-1.1 was not diminished or eliminated by the Legislature's ... judge found the exclusion inconsistent with the statutory requirement of N.J.S.A. 17:28-1.1 that all motor vehicle insurance policies, except basic policies ... policy goals the Legislature sought to promote when it adopted N.J.S.A. 17:28-1.1, "'namely, to ease the financial burden on the ...

docket:	a0729-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-10
status:	unpublished
citation:
Document Size:	22090

37 David Goyco v. Progressive Insurance Company \t \r\n\t\t \r\n \r\n\r\n\t\r\n -- rank: 752

... coverage to LSES operators, as they did with motorcycles, see N.J.S.A. 17:28-1.3, but that policy decision and its insurance cost implications ...

docket:	a_12_23
court:	supreme
decided:	2024-05-13
status:	Published
citation:
Document Size:	51525

38 LORRAINE DAVID v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al. -- rank: 749

... 39:6A-9.1 refers, moreover, to the "deemer" statute, N.J.S.A. 17:28-1.4, which requires, among other things, that any insurer that ... the UIM policy did not cover this shortfall, referring to N.J.S.A. 17:28-1.1(e), See footnote 7 7 which defines an "underinsured ...

docket:	A1983-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-08
status:	published
citation:	360 N.J. Super. 127 821 A.2d 564
Document Size:	60735

39 MID-MONMOUTH REALTY ASSOCIATES a New Jersey General Partnership v. METALLURGICAL INDUSTRIES, INC., a New Jersey Corporation; METALLURGICAL INTERNATIONAL, INC., a New Jersey Corporation; BRIA COMMUNICATIONS CORPORATION, a New Jersey Corporation IRA L -- rank: 739

... context of commercial general liability insurance. Plaintiff merely cites to N.J.S.A. 17:28-1.1(e)(1), which provides as follows: A motor vehicle ...

docket:	a0237-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	151174

40 KEVIN ROBINSON v. MICHAEL ZORN -- rank: 739

... J. 598 , 608 (1986), superseded by statute on other grounds , N.J.S.A. 17:28-1.1c]. In this case, however, such an unmistakable declaration does ...

docket:	a3152-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-17
status:	published
citation:	430 N.J.Super. 312 64 A.3d 571
Document Size:	48182

41 RAYMOND PINTO, JR. v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 739

... of coverage." Christafano , supra , 361 N.J. Super. at 234.      N.J.S.A. 17:28-1.1 governs UM/UIM coverage. Specifically, all motor vehicle liability ... has recovered under all bodily injury liability insurance or bonds[.] [ N.J.S.A. 17:28-1.1(e).]     Thus, "the statute states that the determination whether ... plaintiff was entitled; (2) whether the anti-stacking provisions of N.J.S.A. 17:28-1.1c limited the amount of UIM coverage available to the ... Court also ruled that the anti-stacking provision contained in N.J.S.A. 17:28-1.1c unmistakably limited the plaintiff's UIM recovery to the ... thus "held" the policy as that term is used in N.J.S.A. 17:28-1.1. See Botti , supra , 361 N.J. Super. at 222 ...

docket:	A2234-02
court:	NJ Superior Court Appellate Division
decided:	2004-01-21
status:	published
citation:	365 N.J. Super. 378 839 A.2d 134
Document Size:	72396

42 UNIVERSAL UNDERWRITERS INS. CO. V. NJ MANUFACTURERS INS., CO., ET AL -- rank: 737

... section of its policy. For this proposition, NJM relies on N.J.S.A. 17:28-1.1b See footnote 7 which provides that a policy's ... the statutory minimum, $15,000. Under the parity provision of N.J.S.A. 17:28-1.1b, Aubrey's right to recover underinsured benefits would be ... s somewhat sophisticated argument employing the statutory parity provision of N.J.S.A. 17:28-1.1b to bar coverage, the cited statute merely stipulates that ... the amount of liability coverage provided in the policy. See N.J.S.A. 17:28-1.1b. NJM argues that it did not and would not ... vehicle insurance policy held by the person seeking that recovery ." N.J.S.A. 17:28-1.1e (emphasis added). Footnote: 5 Language in the Universal policy ... liability policy limits for bodily injury and property damage, respectively." N.J.S.A. 17:28-1.1b (emphasis added). - - This archive is a service of ...

docket:	a4769-95
court:	njappellate
decided:	1997-04-03
status:	published
citation:	299 N.J.Super. 307
Document Size:	40767

43 MICHELE CHRISTAFANO v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, -- rank: 737

... the $300,000 limit in the NJM policy, pursuant to N.J.S.A. 17:28-1.1c. See footnote 3 3 He also demanded that his ... step-down provision, despite its unambiguous language, is invalid under N.J.S.A. 17:28-1.1. In construing an insurance policy, we must "ensur[e ... Cos. , 354 N.J. Super. 491 , 495 (App. Div. 2002). N.J.S.A. 17:28-1.1c governs the distribution of UM coverage available under more ... coverage bear to the total of the limits. (Emphasis added). N.J.S.A. 17:28-1.1, which requires a standard policy to provide UM coverage ... the provision in the NJM policy renders the clause of N.J.S.A. 17:28-1.1c requiring the pro-rating of coverage surplusage. Plaintiff's ... invalid as such a provision would render subparagraph c of N.J.S.A. 17:28-1.1 surplusage. Id. at 500. Here, NJM's step- ...

docket:	A3152-02
court:	NJ Superior Court Appellate Division
decided:	2003-06-17
status:	published
citation:	361 N.J. Super. 228 824 A.2d 112
Document Size:	26081

44 UNIVERSAL UNDERWRITERS INS. CO. V. NJ MANUFACTURERS INS., CO., ET AL -- rank: 737

... section of its policy. For this proposition, NJM relies on N.J.S.A. 17:28-1.1b See footnote 7 which provides that a policy's ... the statutory minimum, $15,000. Under the parity provision of N.J.S.A. 17:28-1.1b, Aubrey's right to recover underinsured benefits would be ... s somewhat sophisticated argument employing the statutory parity provision of N.J.S.A. 17:28-1.1b to bar coverage, the cited statute merely stipulates that ... the amount of liability coverage provided in the policy. See N.J.S.A. 17:28-1.1b. NJM argues that it did not and would not ... vehicle insurance policy held by the person seeking that recovery ." N.J.S.A. 17:28-1.1e (emphasis added). Footnote: 5 Language in the Universal policy ... liability policy limits for bodily injury and property damage, respectively." N.J.S.A. 17:28-1.1b (emphasis added). - - This archive is a service of ...

docket:	a4514-95
court:	njappellate
decided:	1997-04-03
status:	published
citation:	299 N.J.Super. 307
Document Size:	40767

45 /usr/local/share/www/libweb/collections/courts/appellate/a1312-18.opn.html -- rank: 732

... in liability coverage pursuant to our State’s Deemer Statute, N.J.S.A. 17:28-1.4. Travelers also filed a third-party A-1312-18T3 ... pursuant to [N.J.S.A. 39:6A-4] or [N.J.S.A. 17:28-1.3] for any New Jersey resident who is not A ... to [N.J. Stat. § 39:6A-4] or section [N.J.S.A. 17:28-1.3] and who is not otherwise eligible for such benefits ... A. 39:6A-3], the uninsured motorist insurance requirements of [N.J.S.A. 17:28-1.1], and personal injury protection benefits coverage pursuant to [N ... under the policy is used or operated in this State. [N.J.S.A. 17:28-1.4.] 'The Deemer [s]tatute is so named because it ... 000 per person limits established in the Deemer Statute. See N.J.S.A. 17:28-1.4. Under the express terms of the Travelers policy, ...

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