Search Rutgers Law Library N.J. Court Opinions

16 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 718

... to satisfy a "verbal threshold" for imposition of tort liability, N.J.S.A. 39:6A-8, because their bus did not fit within the statutory definition of an "automobile." N.J.S.A. 39:6A-8 is separate and apart from the mandate for PIP coverage ... a passenger on defendants' bus. Further, the legislative scheme in N.J.S.A. 39:6A-8 specifies that it encompasses only those vehicles that fit within ...

docket:	a5757-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	376 N.J. Super. 475
Document Size:	33613

17 TOSHIBA A. STRICKLEN v. ERMANNO FERRUGGIA -- rank: 718

... DiProspero v. Penn , ___ N.J. ___ (2005)(slip op. at 10). N.J.S.A. 39:6A-8.1a provides, in pertinent part, that the elected tort option ... is not a named insured under another automobile insurance policy." N.J.S.A. 39:6A-8.1a. Plaintiff has advanced a strict nominalistic approach based on ... consistent with the principles of statutory construction of insurance policies. N.J.S.A. 39:6A-8.1a uses the terms "named insured" and specifically-defined "immediate ... to expand the definition of "immediate family member" contained in N.J.S.A. 39:6A-8.1 to include a parent of the named insured living ... family member of the insured he was not bound under N.J.S.A. 39:6A-8.1 by his girlfriend's selection of the verbal threshold ... however, he was still subject to the verbal threshold under N.J.S.A. 39:6A-8, based on his ownership of the vehicle which was ...

docket:	a4851-03
court:	njappellate
decided:	2005-06-30
status:	published
citation:	379 N.J. Super. 296
Document Size:	63388

18 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 718

... to satisfy a "verbal threshold" for imposition of tort liability, N.J.S.A. 39:6A-8, because their bus did not fit within the statutory definition of an "automobile." N.J.S.A. 39:6A-8 is separate and apart from the mandate for PIP coverage ... a passenger on defendants' bus. Further, the legislative scheme in N.J.S.A. 39:6A-8 specifies that it encompasses only those vehicles that fit within ...

docket:	a6668-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	*CITE_PENDING*
Document Size:	33589

19 ALMA GUERRERO v. HELEN COLLEEN MOORE -- rank: 713

... a plaintiff to the limitation-on-lawsuit threshold pursuant in N.J.S.A. 39:6A-8(a) and can therefore be sued for economic and non ... did contain New Jersey PIP benefits, from suit pursuant to N.J.S.A. 39:6A-8(a). Zalbilowicz , supra , 200 N.J. at 519. The Zabilowicz ... Additionally, Zabilowicz dealt with the limitation-on-threshold requirement in N.J.S.A. 39:6A-8(a), while the present case deals with the bar to ...

docket:	a4197-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	24923

20 ALIBADR v. LUIS E. COLON -- rank: 713

... failure to comply with the physician's certification requirement in N.J.S.A. 39:6A-8(a). We reverse and remand. I. Plaintiff alleges that he ... a permanent injury within a reasonable degree of medical probability . . . .' N.J.S.A. 39:6A-8(a). 'An injury shall be considered permanent when the body ... to produce a physician's certification of permanency of injury. N.J.S.A. 39:6A-8(a) provides, in pertinent part: In order to satisfy the ... The complaint alleges that plaintiff complied with the requirements of N.J.S.A. 39:6A- 8(a) and that a 'copy of the Physician's Certificate ... a physician's certification of permanency of injury pursuant to N.J.S.A. 39:6A-8(a). Approximately two months later, plaintiff still had not submitted ... dismiss the complaint for plaintiff's failure to comply with N.J.S.A. 39:6A-8(a). In response to the motion, on January 17, ...

docket:	a4725-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-21
status:	unpublished
citation:
Document Size:	49151

21 HOWARD MARTIN v. NIRAJ CHHABRA -- rank: 708

... to apply the verbal threshold to plaintiff was ill founded.      N.J.S.A. 39:6A-8.1a provides, in pertinent part, that "[t]he tort option ... insured, plaintiff's girlfriend, selected the verbal threshold cannot, under N.J.S.A. 39:6A-8.1, bind plaintiff.     However, without knowing precisely why plaintiff had ... plaintiff as the owner did not maintain medical expense coverage, N.J.S.A. 39:6A-8 applies the verbal threshold to him.      N.J.S.A. 39:6A-8 provides, in pertinent part, that the verbal threshold "shall also ... 39:6A-4.5) . . . ." The public law section referenced in N.J.S.A. 39:6A-8 provided in 1985 that persons failing to maintain medical expense ... L. 1997, c. 151, the 1985 Public Law reference in N.J.S.A. 39:6A-8, applying the verbal threshold to persons subject to the ...

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

22 JOHN K. DEVER v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 705

... available under the injured insured's own PIP policy provisions, N.J.S.A. 39:6a-8(a)(1). This results because the statutory concept of a ... the future lost wages award. Plaintiff argues this language contravenes N.J.S.A. 39:6A-8, which he asserts places no limitation on recovery of economic ... reasonable degree of medical probability, other than scarring or disfigurement." N.J.S.A. 39:6A-8(a). Although this limitation does not affect claims for economic ... is based on a permanent injury within the meaning of N.J.S.A. 39:6A-8(a), there must be a 'permanent injury' to sustain recovery ... is not deemed to be "permanent" within the meaning of N.J.S.A. 39:6A-8(a).'" Ibid. (quoting Miskelly , supra , 380 N.J. Super. at ...

docket:	a3102-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-23
status:	unpublished
citation:
Document Size:	60408

23 ARTHUR L. HARRIATT v. CYNTHIA A. SCOTT, et al. -- rank: 705

... seeking to bind plaintiff to the verbal threshold. Relying on N.J.S.A. 39:6A-8.1 and noting that a person cannot be the spouse ... Inc. , 344 N.J. Super. 443 , 450 (App. Div. 2001). N.J.S.A. 39:6A-8 provides New Jersey residents with two insurance options: (1) a ... See DiProspero v. Penn , 183 N.J. 477 , 486 (2005). N.J.S.A. 39:6A-8.1a provides in pertinent part that the election of a ... in effect at the time of the cessation of residency. N.J.S.A. 39:6A-8.1d provides that "in the case where more than one ... A. 39:6A-2g or "an immediate family member" under N.J.S.A. 39:6A-8.1. Id. at 299-300. The appellate panel noted that ... coverage pursuant to [ N.J.S.A. 39:6A-4]." N.J.S.A. 39:6A-8. Moreover, the record does not establish that plaintiff personally ...

docket:	a4847-05
court:	njappellate
decided:	2007-04-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45797

24 /usr/local/share/www/libweb/collections/courts/appellate/a0854-21.opn.html -- rank: 702

... alleged injuries and the October 2017 accident as required by N.J.S.A. 39:6A-8(a). On appeal, plaintiff contends the trial court erred in ... t]he 'limitation on lawsuit' or 'verbal threshold' of AICRA, N.J.S.A. 39:6A-8(a), is a cost-containment measure that provides lower premium ... of medical probability, other than scarring or disfigurement.'' Ibid. (citing N.J.S.A. 39:6A-8(a)) (emphasis added). N.J.S.A. 39:6A-8(a) provides '[a]n injury shall be considered permanent when ... the threshold, a physician must certify, under penalty of perjury, [N.J.S.A. 39:6A-8(a)], that 'the automobile accident victim suffered from a statutorily ... 181]. That opinion must be based on 'objective clinical evidence,' N.J.S.A. 39:6A-8(a), a standard that we have held is the ...

docket:
court:
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Document Size:	14382

25 JOHN K. CUPIDO v. WILLIAM PEREZ -- rank: 692

... plaintiff was not subject to the limitation-on-lawsuit threshold, N.J.S.A. 39:6A-8(a). On March 20, 2009, the court denied defendant's ... prove the existence of a qualifying injury as required by N.J.S.A. 39:6A-8(a). Plaintiff filed a cross-motion seeking partial summary judgment ... named insured, and any immediate family member as defined in [ N.J.S.A. 39:6A-8.1], under that policy, shall be subject to the tort option specified in [ N.J.S.A. 39:6A-8(a)]. Each insurer authorized to transact or transacting automobile or ... to receive New Jersey no-fault PIP benefits. Accordingly, construing N.J.S.A. 39:6A-8(a) in accordance with its plain language, the Court determined ... suffer a serious or permanent bodily injury, as defined in N.J.S.A. 39:6A-8(a)." Zabilowicz v. Kelsey , 200 N.J. 507 , 510 ( ...

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

26 HAN HUNG LUONG v. FRANK T. GEORGE -- rank: 692

... to the limitation-on-lawsuit (verbal) threshold as defined in N.J.S.A. 39:6A-8(a), based on the court's application of the Deemer ... named insured, and any immediate family member as defined in [N.J.S.A. 39:6A-8.1], under that policy, shall be subject to the tort option specified in [N.J.S.A. 39:6A-8(a)]. . . . . [N.J.S.A. 17:28-1.4.] [ 415 ... 10 A-0878-13T1 on-lawsuit threshold, as defined in N.J.S.A. 39:6A-8(a).'5 Zabilowicz, supra, 200 N.J. at 510. '[T ... driver to have selected the limitation-on-lawsuit option of N.J.S.A. 39:6A-8(a).' Id. at 514. The limitation-on- lawsuit threshold is ...

docket:	a0878-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-22
status:	unpublished
citation:
Document Size:	22970

27 GEORGIA VAMVAKIDIS et al. v. ROSE PETERS et al. -- rank: 692

... not subject to the personal injury protection (PIP) requirements of N.J.S.A. 39:6A-8. As we explained in Wagner v. Transamerica Insurance Company , 167 ... rented to others with a driver...." Id. at 31 (citing N.J.S.A. 39:6A-8 provided for two options dealing with right to sue for ... unqualified right to sue the tortfeasor. The introductory paragraph of N.J.S.A. 39:6A-8 requires an election between those options by "any named insured ... immediate family member of a named insured as defined by N.J.S.A. 39:6A-8.1. Plaintiff met all of the conditions for applicability of ... PIP coverage or who had elected the verbal threshold option, N.J.S.A. 39:6A-8.1a defining "immediate family member" as "the spouse of the ... even more restrictive definition of "immediate family member" contained in N.J.S.A. 39:6A-8.1 to mean exactly what it says, refusing, in ...

docket:	a2080-98
court:	njappellate
decided:	2000-01-13
status:	published
citation:	<a href=
Document Size:	20487

28 JENNIFER LLANES v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 686

... was submitted within the statutory sixty days as required by N.J.S.A. 39:6A-8(a) and Dr. Guy's July 2014 report was not ... Davidson v. Slater , 189 N.J. 166 , 181 (2007) (citing N.J.S.A. 39:6A-8(a)). One type of qualifying injury is a "permanent injury 3 within a reasonable degree of medical probability . . . ." N.J.S.A. 39:6A-8(a). The doctor's certification must be based on "objective clinical evidence," N.J.S.A. 39:6A-8(a), meaning that the necessary objective evidence must be "derived ... patient response.'" Davidson , supra , 189 N.J. at 181 (quoting N.J.S.A. 39:6A-8(a)). The doctor's certification is to be served within ... extension is granted for good cause, within sixty days thereafter. N.J.S.A. 39:6A-8(a). The physician's certification of permanency submitted to ...

docket:	a3863-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	21891

29 AYOTOLANI OGUNTUASE v. THE ESTATE OF ANTOINETTE J. DANGERFIELD -- rank: 684

... finding plaintiff failed to meet the lawsuit-threshold standard of N.J.S.A. 39:6A-8(a). We agree with the judge and affirm. I. We ... selected. As a result of that selection and pursuant to N.J.S.A. 39:6A-8(a), plaintiff was required to prove she had sustained 'a ... other than scarring or disfigurement' to recover non-economic damages. N.J.S.A. 39:6A-8(a); see also DiProspero v. Penn, 183 N.J. 477 ... s injuries did not meet the lawsuit - threshold standard of N.J.S.A. 39:6A-8(a). In opposition to the motion, plaintiff submitted, among other ... from her appearance such that she met the standard of N.J.S.A. 39:6A-8(a). After hearing argument, Judge Stanley L. Bergman, Jr. asked ... N.J.S.A. 39:6A-1.1(b) (1998)). N.J.S.A. 39:6A-8(a), 'the 'limitation on lawsuit' or 'verbal threshold' of ...

docket:	a3641-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-20
status:	Unpublished
citation:
Document Size:	21846

30 H.K.S., v. PAUL M. KENSEY -- rank: 676

... ground that she failed to meet the verbal threshold under N.J.S.A. 39:6A-8(a), which is part of the Automobile Insurance Cost Reduction ... 189 N.J. 166, 186 (2007) (alterations in original) (quoting N.J.S.A. 39:6A-8(a)).] 2 For purposes of AICRA, a permanent injury is ... will not heal to function normally with further medical treatment.' N.J.S.A. 39:6A-8(a). A-1329-18T2 2 Based on our review of ... 5] [a]nalysis was required to satisfy the requirements of . . . N.J.S.A. 39:6A-8(a).' In the accompanying statement of material facts, defendant recounted ... 217 N.J. 22, 38 (2014). Pertinent to this appeal, N.J.S.A. 39:6A-8(a) neither includes nor excludes permanent psychiatric or psychological injury ... statute. Thus, psychiatric injury may constitute a qualifying injury under N.J.S.A. 39:6A-8(a). See also Granowitz v. Vanvickle, 264 N.J. ...

docket:	a1329-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	34480