Search Rutgers Law Library N.J. Court Opinions

16 DURWIN MOSES v. CHRISTOPHER J. WEGFAHRT -- rank: 603

... with N.J.S.A. 39:6A-4. Therefore, under N.J.S.A. 39:6A-4.5(a), plaintiff was precluded from maintaining a lawsuit for any ... barred from pursuing his cause of action against defendants under N.J.S.A. 39:6A-4.5(a). II Plaintiff asserts the trial court erred by granting summary judgment and dismissing his complaint. He contends that N.J.S.A. 39:6A-4.5(a) bars his lawsuit only if the Silverado was uninsured ... expressed by Judge Patricia Richmond and add only the following. N.J.S.A. 39:6A-4.5(a) states in pertinent part: Any person who, at the ... vehicle under New Jersey's automobile insurance laws. Accordingly, under N.J.S.A. 39:6A-4.5(a), plaintiff's cause of action for the recovery of ...

docket:	a2900-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-26
status:	unpublished
citation:
Document Size:	17234

17 GISELE LIGHTNER v. TOMAS SOLIS, -- rank: 596

... Lightner's automobile negligence personal injury lawsuit. At issue is N.J.S.A. 39:6A-4.5 which bars recovery for injuries sustained by the owner "as ... for summary judgment as well on the ground that under N.J.S.A. 39:6A-4.5, plaintiff is barred from recovering any damages because she had ... the trial court reasoned:             Clearly, the language of that statute [ N.J.S.A. 39:6A-4.5] says the word "operating." If the legislature intended -- and there ... uninsured motor vehicle was being "operated" within the meaning of N.J.S.A. 39:6A-4.5(a).     We begin our analysis by noting that "'the meaning ... the predecessor to the very statutory provision at issue here, N.J.S.A. 39:6A-4.5 to an owner of a registered, but uninsured vehicle who ... struck by a motorist, was not precluded by operation of N.J.S.A. 39:6A-4.5 The determination is necessarily fact sensitive. As the court ...

docket:	A3156-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-15
status:	published
citation:
Document Size:	26916

18 JORGE O. CAVIGLIA et al. v. ROYAL TOURS OF AMERICA et al. -- rank: 593

... Mabel Brun Caviglia, his wife. The motion was based on N.J.S.A. 39:6A-4.5, which, prior to its 1997 amendment, precluded an uninsured driver ... the uninsured driver, a class directly addressed by the Legislature. N.J.S.A. 39:6A-4.5, in its original version, provided that:          Any person who, at ... the verbal threshold.     We now address the 1997 amendment of N.J.S.A. 39:6A-4.5. That amendment effected the dramatic change of precluding suit by ... that the Legislature must write evenhandedly. We are persuaded that N.J.S.A. 39:6A-4.5 contravenes both constitutional doctrines as they are implemented in this ... it did in New Jersey before the 1997 amendment of N.J.S.A. 39:6A-4.5. See, e.g. , Stevenson v. Reese , 609 N.W.2d ... is barred. We agree with Judge Alley's parsing of N.J.S.A. 39:6A-4.5 in Mody . And we find it entirely arbitrary for ...

docket:	a3493-01
court:	njappellate
decided:	2002-11-08
status:	published
citation:	355 N.J. Super. 1
Document Size:	26607

19 ROBERT L. CAMP, JR. v. SALVATORE LUMMINO, et al. -- rank: 591

... Gengor , 121 N.J. Eq. 349 , 353 (E&A. 1937). N.J.S.A. 39:6A-4.5(b) See footnote 4 4 can hardly be said to ... 8 because they appear to agree that the impact of N.J.S.A. 39:6A-4.5 with respect thereto would affect the issue before us. Footnote ... attained the legal age." Footnote: 4      4 Other provisions of N.J.S.A. 39:6A-4.5 were simultaneously amended and created by L. 1997, c. 151 ...

docket:	A2530-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-28
status:	published
citation:	352 N.J. Super. 414 800 A.2d 234
Document Size:	13877

20 HERBERT HURTADO v. JENNIFER WILKINS -- rank: 581

... negligence action against another motorist. The trial court held that N.J.S.A. 39:6A-4.5(a) barred plaintiff from pursuing his claim because he failed ... s negligence action in this case, on the ground that N.J.S.A. 39:6A- 4.5(a) barred plaintiff from maintaining suit. The provision states: Any ... not further the overall purpose of A-1866-17T2 5 N.J.S.A. 39:6A-4.5(a). We are unconvinced. Reviewing Judge Kenny's order de ... retroactively voided the wife's policy based on misrepresentation. Under N.J.S.A. 39:6A-4.5(a), he was barred from pursuing his damages claim against ... not A-1866-17T2 6 be barred from relief by N.J.S.A. 39:6A-4.5 because the operator, as a non- owner, was not required ... are unpersuaded. 1 Notwithstanding that conclusion, the court held that N.J.S.A. 39:6A-4.5 did not bar the husband from seeking damages because ...

docket:	a1866-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	19886

21 WENDY ZUIDEMA et al. v. JAMES J. PEDICANO, M.D. et al. -- rank: 576

... act with the intent to injure others while driving. See N.J.S.A. 39:6A-4.5. Each of these provisions, which limit an injured party's ... 178 N.J. at 474 ("One public policy rationale behind N.J.S.A. 39:6A-4.5 is to deter drunk driving . . ."). We are mindful of that ...

docket:	a3867-02
court:	njappellate
decided:	2004-11-24
status:	published
citation:	373 N.J. Super. 114
Document Size:	27850

22 /usr/local/share/www/libweb/collections/courts/appellate/a0980-17.opn.html -- rank: 574

... in medical benefits coverage. Defendant moved for summary judgment, arguing N.J.S.A. 39:6A-4.5(a) barred plaintiff's claims because the Commissioner did not ... was enacted to prevent reverse rate evasion. Plaintiff countered that N.J.S.A. 39:6A-4.5(a) violates procedural due process because it provides no notice ... Ryerson, 277 N.J. Super. 22, 26 (App. Div. 1994)). N.J.S.A. 39:6A-4.5(a) provides: A-0980-17T3 4 Any person who, at ... an accident while operating an uninsured automobile. The Legislature adopted N.J.S.A. 39:6A-4.5 in 1997 to limit the ability of persons injured in ... Pomeroy, New Jersey Auto Insurance Law § 15:1 (2018). ' N.J.S.A. 39:6A-4.5(a) advances a policy of cost containment by ensuring that ... medical expense benefits coverage of $15,000 per person. Consequently, N.J.S.A. 39:6A- -4.5(a) bars plaintiff's cause of action for recovery ...

docket:
court:
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Document Size:	11324

23 DENISE V. THOMAS v. MARIA BOBADILLA -- rank: 562

... have a New Jersey policy with personal injury protection benefits, N.J.S.A. 39:6A-4.5(a) precludes her from seeking recovery for bodily injury. We ... bodily injury, death, and property damage caused by their automobiles. ` N.J.S.A. 39:6A-4.5(a). In addition, every insurance policy must provide a package ... a result of an accident while operating an uninsured automobile." N.J.S.A. 39:6A-4.5(a). The term "principally garaged" as used in N.J ... precludes her from seeking recovery for her bodily injury under N.J.S.A. 39:6A-4.5(a). Lastly, Thomas' contention that not applying the Deemer Statute ...

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

24 ANDRES SOLORZANO v. PETER SAPUNARICH, J&S DI -- rank: 548

... for summary judgment, asserting that the suit was barred by N.J.S.A. 39:6A-4.5. The motion judge granted summary judgment, and this appeal followed ... of America , 178 N.J. 460 , 466-71 (2004). Accordingly, N.J.S.A. 39:6A-4.5 bars suit by uninsured automobile operators as follows: Any person ... a result of an accident while operating an uninsured automobile. [ N.J.S.A. 39:6A-4.5.] By excluding culpably uninsured automobile operators, the statutory intention is ... erroneously fails to consider the type of vehicle defined by N.J.S.A. 39:6A-4.5 with any motorized vehicle. However, "automobile" is defined in N ... non-automobile. We conclude based on the clear language of N.J.S.A. 39:6A-4.5 and its proper interpretation in the context of the policy ...

docket:	A2129-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-23
status:	published
citation:
Document Size:	41129

25 BRENDA DEMA v. MARY ANN BRESLIN -- rank: 545

... recovering economic and non-economic damages. The court concluded that N.J.S.A. 39:6A-4.5 (or Act) is construed objectively, rather than subjectively, and that ... action to recover non[-]economic, pain and suffering damages under [ N.J.S.A. 39:6A-4.5]." We agree with the motion judge that the application of ... focus our discussion upon the motion judge's legal determination. N.J.S.A. 39:6A-4.5(a) through (c) establishes the three categories of persons who ... 2002). The Supreme Court reversed. The Court first noted that N.J.S.A. 39:6A-4.5 "advances a policy of cost containment by ensuring that an ... 178 N.J. at 477. Additionally, the Court stated that N.J.S.A. 39:6A-4.5 "serves the public welfare by promoting compliance with our compulsory ... not "culpably uninsured" for purposes of the exclusionary provisions of N.J.S.A. 39:6A-4.5(a). She acquired the vehicle as part of the ...

docket:	a3504-09
court:	NJ Superior Court Appellate Division
decided:	2010-12-07
status:
citation:
Document Size:	18088

26 HERIBERTO CABALLERO-GONZALEZ v. HARCO NATIONAL INSURANCE COMPANY -- rank: 526

... accident while operating an uninsured automobile.' Id. at 81 (quoting N.J.S.A. 39:6A-4.5(a)). Here, the policy took the broader approach of excluding ...

docket:	a0875-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	unpublished
citation:
Document Size:	64590

27 HOWARD MARTIN v. NIRAJ CHHABRA -- rank: 512

... cause of action for recovery of economic or noneconomic loss." N.J.S.A. 39:6A-4.5.     But, the vehicle in which plaintiff allegedly suffered his economic ... recovery of noneconomic loss." Although the Legislature in 1997 amended N.J.S.A. 39:6A-4.5 to its present form, which precludes all actions by unlawfully ... verbal threshold to persons subject to the 1985 version of N.J.S.A. 39:6A-4.5, remained unchanged despite the 1997 amendment and all subsequent amendments ...

docket:	a4256-03
court:	njappellate
decided:	2005-01-21
status:	published
citation:	374 N.J. Super. 387
Document Size:	24042

28 VICTOR DZIUBA et al. v. SCOTT J. FLETCHER, KRISTEN L. VANDERHOOK, LOUIS H. VANDERHOOK, et al. -- rank: 502

... did not address, and the judge did not determine, whether N.J.S.A. 39:6A-4.5 provided an independent basis for dismissal of Victor's claim ... as "culpably uninsured," as determined by the first judge, and N.J.S.A. 39:6A-4.5 as an independent basis for dismissal of the economic loss ...

docket:	a7056-03
court:	njappellate
decided:	2005-12-27
status:	published
citation:	382 N.J. Super. 73
Document Size:	47493

29 YVETTE M. CARMICHAEL & GERALD CARMICHAEL, ET AL -- rank: 492

... J.S.A. 39:6A-1 to -35. In particular, N.J.S.A. 39:6A-4.5 states, in pertinent part, the following:             Any person who, at ... insurance coverage is provided by the line of cases interpreting N.J.S.A. 39:6A-4.5 and N.J.S.A. 39:6A-3, the statutes ... and should not be subject to the verbal threshold under N.J.S.A. 39:6A-4.5.     In the context of this case, the next question is ...

docket:	a4953-96
court:	njappellate
decided:	1998-03-17
status:	published
citation:	310 N.J.Super. 34
Document Size:	25704

30 CHERISE C. RAYMOND v. ANGEL L. FERNANDEZ -- rank: 483

... s motion to void the policy ab initio and because N.J.S.A. 39:6A-4.5(a) bars personal injury claims brought by an uninsured vehicle ... On appeal, plaintiff maintains she was not 'culpably uninsured' under N.J.S.A. 39:6A-4.5(a) because she had paid the policy's premiums and ... each policy must contain personal injury protection (PIP) benefits. Further, N.J.S.A. 39:6A-4.5(a) bars the ability to sue if a New Jersey ... result of an accident while operating an uninsured automobile. Notably, N.J.S.A. 39:6A-4.5(a) does not impose a requirement that an uninsured motorist ...

docket:	a1933-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-16
status:	Unpublished
citation:
Document Size:	11308