Search Rutgers Law Library N.J. Court Opinions

16 COOPER HOSPITAL UNIVERSITY MEDICAL CENTER v. PRUDENTIAL INSURANCE COMPANY -- rank: 711

... whether the 1998 amendment to New Jersey's deemer statute, N.J.S.A. 17:28-1.4, L. 1997, c . 436, § 1, limits an insurer's obligation ... summary judgment on the ground that the 1998 amendment to N.J.S.A. 17:28-1.4 limited its obligation to pay New Jersey-mandated PIP minimums ... under the policy is used or operated in this State. [ N.J.S.A. 17:28-1.4.] Generally speaking, the deemer statute effectively mandates that out-of ... motorist coverage in the same minimum amounts, as required by N.J.S.A. 17:28-1.4, L. 1988, c . 119, § 1. In other words, the pre ... transacting automobile or motor vehicle insurance business in New Jersey." N.J.S.A. 17:28-1.4, L. 1997, c. 436, § 1. In contrast, the original text ...

docket:	A1861-03
court:	NJ Superior Court Appellate Division
decided:	2005-06-27
status:	published
citation:	378 N.J. Super. 510 876 A.2d 335
Document Size:	53955

17 JOHN K. CUPIDO v. WILLIAM PEREZ -- rank: 711

... is subject to the limitation-on-lawsuit threshold pursuant to N.J.S.A. 17:28-1.4, commonly referred to as the deemer statute. 1 We conclude ... as defined in [ N.J.S.A. 39:6A-2]. [ N.J.S.A. 17:28-1.4.] The statute was originally enacted in 1985 as part of ... authorized to transact commercial motor vehicle insurance in the State. N.J.S.A. 17:28-1.4. We conclude that the deemer statute imposes an obligation to ... accident, but only that it is authorized to do so. N.J.S.A. 17:28-1.4. With that stated, we turn to the question of interpreting ... insured to the defense of the limitation-on-lawsuit threshold. N.J.S.A. 17:28-1.4; Zabilowicz , supra , 200 N.J. at 514; Whitaker v. DeVilla ...

docket:	a4557-08
court:	NJ Superior Court Appellate Division
decided:	2010-08-27
status:
citation:	415 N.J. Super. 587 2 A.3d 1159
Document Size:	30499

18 STEPHANIE JOSEPHS v. CHRISTINA M. HEPP -- rank: 705

... by a carrier authorized to do business in New Jersey. N.J.S.A. 17:28-1.4 imposes the limitation-on-lawsuit threshold to such persons even ...

docket:	a1474-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	31346

19 LIBERTY MUTUAL INSURANCE COMPANY v. PENSKE TRUCK LEASING, CO. -- rank: 703

... injury protection coverage required to be provided in accordance with [N.J.S.A. 17:28-1.4], or although required did not maintain personal injury protection or ...

docket:	a5624-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Published
citation:	459 N.J.Super. 223 208 A.3d 888
Document Size:	30742

20 JUAN GUITERREZ-GANAN v. ALLSTATE INSURANCE COMPANY -- rank: 689

... 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 minimum ... 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 A ... 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, his ...

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

21 RICHARD P. BADUINI et al. v. STEPHINA SERINA -- rank: 684

... affirmative defenses, and dismissing the complaint under the "deemer" statute, N.J.S.A. 17:28-1.4, for failure to satisfy the verbal threshold. The judgment was ... Plaintiff argues that he need not satisfy the verbal threshold, N.J.S.A. 17:28-1.4, as a result of his personal injury protection (PIP) coverage ... N.J. 341 , 344 (1997), the Supreme Court held that N.J.S.A. 17:28-1.4 "deems New Jersey's 'verbal threshold' . . . to apply to the ... is used or operated in this State. See footnote 5 [ N.J.S.A. 17:28-1.4.]     Unlike Whitaker , plaintiff in this case is a New Jersey ...

docket:	A3842-03
court:	NJ Superior Court Appellate Division
decided:	2005-03-10
status:	published
citation:	375 N.J. Super. 478 868 A.2d 372
Document Size:	21593

22 NICOLE PIERIDES v. GEICO INSURANCE COMPANY -- rank: 681

... vehicle was not involved in the accident, the "Deemer Statute," N.J.S.A. 17:28-1.4, does not apply to provide the coverage that would be ... emergency care provided to Nicole based upon her injuries. See N.J.S.A. 17:28-1.4, ONLY ALLOWS REFORMATION OF A POLICY WHEN THE INSURED VEHICLE ... Caviglia , supra , 178 N.J. at 471 (upholding constitutionality of N.J.S.A. 17:28-1.4, the Third Circuit noted the nexus between contributing to the ...

docket:	a2783-08
court:	superior court appellate division
decided:	2010-04-19
status:	unpublished
citation:
Document Size:	90263

23 COMPREHENSIVE PAIN SOLUTIONS OF NEW JERSEY PC v. OMNI INSURANCE COMPANY c/o GOOD 2 GO AUTO INSURANCE -- rank: 681

... Omni was not subject to the New Jersey 'deemer' statute, N.J.S.A. 17:28-1.4. In plaintiff's ensuing summary action in the Superior Court ... under the policy is used or operated in this State. [N.J.S.A. 17:28-1.4]. N.J.S.A. 39:6A-4 provides that every ... A-0862-22 7 [I.] THE TRIAL [JUDGE] ERRED SINCE N.J.S.A. 17:28-1.4 REQUIRES OMNI TO PROVIDE NO- FAULT MEDICAL EXPENSE COVERAGE UP ...

docket:	a0862-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	27139

24 KATHLEEN LEGGETTE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY quot;GEICO" and DERICK HARRIS -- rank: 679

... 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 an ... 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 interpretation ... 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-of ... 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 injured ... 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 the ... 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 because ...

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

25 CATHRYNE M. LOFTUS-SMITH V. GREGORY A. SMITH, ET AL -- rank: 673

... the verbal threshold to bar plaintiff's claim against Henry, N.J.S.A. 17:28-1.4, the "deemer" statute, must be satisfied. The trial court concluded ... she is deemed to have elected the verbal threshold option. N.J.S.A. 17:28-1.4, which requires insurance companies authorized to transact business in New ...

docket:	a1720-94
court:	njappellate
decided:	1996-01-23
status:	published published
citation:	<a href=
Document Size:	39433

26 LORRAINE DAVID v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al. -- rank: 673

... 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 is ...

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

27 CANAL INSURANCE CO. VS F.W. CLUKEY TRUCKING CO., ET AL -- rank: 671

... registered, in Connecticut; it is not registered in New Jersey.      N.J.S.A. 17:28-1.4 requires some insurers of motor vehicles which are not garaged ... N.J. Super. 578, 583-84 (App. Div. 1994).     However, N.J.S.A. 17:28-1.4 also appears to be inapplicable to the present case. The ... to prove facts which would subject Canal's policy to N.J.S.A. 17:28-1.4.     We next consider whether New Jersey law controls the validity ...

docket:	a4684-94
court:	njappellate
decided:	1996-11-15
status:	published
citation:	295 N.J.Super. 131
Document Size:	40825

28 FELICIANO PRATTS v. CHRISTINE A. HULME and MARY C. WILSON -- rank: 665

... 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 in ... 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 of ... 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 members ...

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

29 ADAM M. HABER v. FAITH N. GERULDSEN -- rank: 633

... We also reject plaintiff's argument that the Deemer statute, N.J.S.A. 17:28-1.4, allows plaintiff to recover for his injuries. The Deemer statute ...

docket:	a0775-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	20391

30 DENISE V. THOMAS v. MARIA BOBADILLA -- rank: 622

... 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 without ... 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 the ...

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