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1 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 1000
... for injuries suffered while a pedestrian, are not covered by N.J.S.A. 17:28-1.4, commonly known as the 'Deemer Statute,' which is triggered ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 151111
2 GREGORY B. FREEMAN v. SHADI M. MAKANASH -- rank: 979
... would be limited to the 'statutory minimum' amount identified in N.J.S.A 17:28-1.1(a). The court rejected Federal's arguments. The court relied upon the requirements imposed by N.J.S.A 17:28-1.1(f), which provides: [A] motor vehicle liability policy or ... available under its policy, which was $1,000,000. Construing N.J.S.A 17:28-1.1(f) to give it its 'ordinary meaning,' the court ... provide liability coverage and UM coverage were 'tied together' under N.J.S.A. 17:28-1.1, the court found that Lease Line was required to ... even though it leased the vehicle to Glenway. However, since N.J.S.A 17:28-1.1(f) did not apply to Lease Line, the court ... in UM coverage, the minimum amount of coverage mandated by N.J.S.A 17:28-1.1(a). Under the court's ruling, NJM, Federal, ...
docket: a2177-21
court: NJ Superior Court Appellate Division
decided: 2022-10-19
status: Unpublished
citation:
Document Size: 34425
3 Guerline Felix v. Brian V. Richards -- rank: 969
... Court. Under New Jersey’s so-called “deemer” statute, N.J.S.A. 17:28-1.4, out-of-state motor vehicle insurance policies have been ... for insurers, like GEICO, to which the second sentence of N.J.S.A. 17:28-1.4 applies. From the perspective of the insurers’ obligation, the ... equal protection claim therefore falls flat. 1. The deemer statute, N.J.S.A. 17:28-1.4, achieved its present form in 1998, when the Legislature ... effectuated through New Jersey’s so-called “deemer” statute, N.J.S.A. 17:28- 1.4, which lies at the heart of this appeal. The ... 6A-4) or section 19 of L. 1983, c. 362 ([ N.J.S.A.] 17:28-1.3) for any New Jersey resident who is not required ... under the policy is used or operated in this State. [N.J.S.A. 17:28-1.4.] In the second sentence of the deemer statute, ...
docket: a-27-18
court: NJ Supreme Court
decided: 2020-02-26
status:
citation:
Document Size: 80420
4 AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE v. 4M INTERPRISE, INC -- rank: 934
... pedestrian personal injury protection (pedestrian-PIP) benefits in conformity with N.J.S.A. 17:28-1.3 or by precluding them from participating in the New ... the State caused by the named insured's motor vehicle . . . ." N.J.S.A. 17:28-1.3 (emphasis added). For the purposes of N.J.S.A. 17:28-1.3, the term "motor vehicle" includes taxis. See N.J ... kind." N.J.S.A. 39:6A-4; see also N.J.S.A. 17:28-1.3 (requiring pedestrian-PIP coverage "in accordance with N.J ... 1996) (noting that the Legislature required pedestrian-PIP coverage in N.J.S.A. 17:28-1.3 "'to comport with the original intent of the no ... deny that the policy it sold to 4M conforms with N.J.S.A. 17:28-1.3. It includes an endorsement asserting that ORRG "will ...
docket: a3490-11
court: NJ Superior Court Appellate Division
decided: 2013-02-06
status: published
citation: 431 N.J.Super. 514 70 A.3d 757
Document Size: 42904
5 GUERLINE FELIX v. BRIAN V. RICHARDS -- rank: 891
... brief). PER CURIAM The issue in this appeal is whether N.J.S.A. 17:28-1.4, the Deemer statute, applies to an automobile insurance policy ... 3 The reference here is to the second sentence of N.J.S.A. 17:28-1.4 that begins, 'In addition.' 10 A-5093-16T4 In ... under the policy is used or operated in this State. [ N.J.S.A. 17:28-1.4 (emphasis added).] In the first sentence, that was added ... amendment; the reference is not in the second sentence of N.J.S.A. 17:28-1.4. The second sentence only mentions N.J.S.A ... of P.L. 1972, c. 197 (C. 39:6B-1).' N.J.S.A. 17:28-1.4. Subsection 'a' requires an owner of a motor vehicle ... policies without BI coverage are affected by its interpretation of N.J.S.A. 17:28-1.4. If an out-of-state policy has BI ...
docket: a5093-16
court: New Jersey Superior Court Appellate Division
decided: 2018-08-01
status:
citation:
Document Size: 35535
6 K. Johnson v. Roselle EZ Quick LLC -- rank: 891
... 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 ...
docket: a-33-14
court: New Jersey Supreme Court
decided: 2016-01-05
status:
citation:
Document Size: 107061
7 Pizzullo v. New Jersey Manufacturers Insurance Company -- rank: 883
... suit arising from an insured’s election of coverage. See N.J.S.A. 17:28-1.9(a). 2 In 1987 , plaintiff Michael Pizzullo (Michael) telephoned ... policy for Dorothea, NJM was nonetheless immune from liability under N.J.S.A. 17:28-1.9(a). Following a two-day bench trial, the trial ... so, NJM is not entitled to immunity from suit under N.J.S.A. 17:28-1.9(a). 1. The statute provides an insurer with immunity ... of a given level of motor vehicle insurance coverage . . . .” N.J.S.A. 17:28-1.9(a). The Court’s analysis of this matter cannot ... to them. In 1993, the Legislature passed the immunity statute, N.J.S.A. 17:28-1.9, in direct response to this flood of litigation. The ... suit arising from an insured’s election of coverage. See N.J.S.A. 17:28-1.9(a). The trial court, after first concluding that ...
docket: a-21-07
court:
decided: 2008-08-07
status:
citation: 196 N.J. 251
Document Size: 83615
8 SENIOR CITIZENS UNITED COMMUNITY SERVICES, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 883
... insurance provisions. L. 1992, c. 192, § 1 (codified as N.J.S.A. 17:28-1.5). The definition of special -24- paratransit vehicle from Title ... is specifically incorporated into the relevant section in Title 17. N.J.S.A. 17:28-1.5 (“Any special paratransit vehicle as defined in R ...
docket: 08789-19
court: NJ Tax Court
decided: 2021-07-01
status: Published
citation:
Document Size: 72858
9 KRISTI DRYSTEN v. PAOLA N. CHIESA -- rank: 848
... for summary judgment claiming it was immune from liability under N.J.S.A. 17:28-1.9. USAA further argued that, even if it were not ... matter of law because it is immune from liability under N.J.S.A. 17:28-1.9. N.J.S.A. 17:28-1.9 states in pertinent part: a. [N]o . . . insurer . . . shall ... willful, wanton or grossly negligent act of commission or omission. N.J.S.A. 17:28-1.9 was enacted "to abrogate prior judicial decisions holding insurers ... N.J. 570 (1995). The requirements for obtaining immunity under N.J.S.A. 17:28-1.9 are that (1) the named insured must have had ... insurer must have complied with the coverage selection requirements of N.J.S.A. 17:28-1.9(b). Baldassano v. High Point Ins. Co. , 396 ...
docket: a4789-13
court: New Jersey Superior Court Appellate Division
decided: 2015-06-08
status: Published
citation:
Document Size: 36407
10 State Farm Mutual Automobile Insurance Company v. Licensed Beverage Insurance Exchange -- rank: 840
... an automobile insurer may seek reimbursement. (pp. 5-12) 3. N.J.S.A. 17:28-1.3 (section 1.3), which requires commercial vehicles to provide ... those tortfeasors who own commercial vehicles, as set forth in N.J.S.A. 17:28-1.3. That interpretation, the LBIE maintains, becomes manifest when N.J.S.A. 17:28-1.3 and 108 N.J. 123, 128 (1987); Renz v ... S.A. 39:6A-9.1 was the enactment of N.J.S.A. 17:28-1.3, which supplements N.J.S.A. 39:6A-9 ... the law in question." Id. at 103. The effect of N.J.S.A 17:28-1.3 is to require insurers of commercial vehicles to provide ... Bill No. 3981 , at 405 (Oct. 4, 1983), reprinted in N.J.S.A. 17:28-1.1. Most of the cases interpreting section 9.1 ...
docket: a-90-95
court: njsupreme
decided: 1996-07-31
status:
citation: 146 N.J. 1
Document Size: 45567
11 PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY V. MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND -- rank: 838
... prorated between it and JIF, pursuant to the UM statute, N.J.S.A. 17:28-1.1c. JIF contended that the Tort Claims Act, specifically N ... UM benefits must be prorated pursuant to the UM statute, N.J.S.A. 17:28-1.1c. 1. The Court affirms the decision of the Appellate ... pay the employee's claim is mandated by statute, see N.J.S.A. 17:28-1.1c. JIF argued that the letter and spirit of the ... Tort Claims Act was not applicable. Accordingly, it found that N.J.S.A. 17:28-1.1c required proration between Prudential and JIF of any arbitration ... automobile owners to maintain automobile-liability coverage). The UM statute, N.J.S.A. 17:28-1.1, requires all motor-vehicle liability policies to include UM ... of each coverage bear to the total of the limits . [ N.J.S.A. 17:28-1.1c (emphasis added).] JIF acknowledges that as a self- ...
docket: a-98-94
court: njsupreme
decided: 1995-05-25
status:
citation: 141 N.J. 235
Document Size: 36877
12 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 833
... bus passenger medical expense benefits (MEB) coverage, as required by N.J.S.A. 17:28-1.6. Plaintiffs incurred medical expenses as a result of their ... does not include a bus. In 1991, the Legislature enacted N.J.S.A. 17:28-1.6, which provides for the payment of no fault medical ... verbal threshold" that governs actions under the No Fault Act, N.J.S.A. 17:28-1.7. It is clear on the face of these statutory ... included in the definition of an automobile set forth in N.J.S.A. 17:28-1.6. Nevertheless, USF&G argues that N.J.S.A ... USF&G argues that this provision should be read into N.J.S.A. 17:28-1.6 to impose primary liability for MEB on an injured ... s remedial interpretation to effectuate the legislative intent in enacting N.J.S.A. 17:28-1.5 to -1.9. In support of this argument, ...
docket: a5757-03
court: njappellate
decided: 2005-04-15
status: published
citation: 376 N.J. Super. 475
Document Size: 33613
13 Shaw v. City of Jersey City -- rank: 833
... within the meaning of New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1. In March 1997, plaintiff, an undercover police agent for ... include intentional conduct. HELD : New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1, extends coverage to injuries caused by the intentional acts ... within the meaning of New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1. The courts below relied on this Court's dictum ... Ins. Co. , 138 N.J. 242 (1994), to hold that N.J.S.A. 17:28-1.1 does not extend coverage to an insured injured by ... by an intentional act may qualify as an "accident" under N.J.S.A. 17:28-1.1. We reverse. I One evening in March of 1997 ... 172 N.J. 177 (2002). II The uninsured motorist statute, N.J.S.A. 17:28-1.1, serves two purposes. It is designed to "provide ...
docket: a-101-01
court: njsupreme
decided: 2002-12-11
status:
citation: 174 N.J. 567
Document Size: 50173
14 MICHAEL PIZZULLO et al. v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 833
... its part, plaintiffs' action was barred by the provisions of N.J.S.A. 17:28-1.9b, and the regulations promulgated thereunder by the Commissioner of ... cannot trump the public policy enunciated by the Legislature in N.J.S.A. 17:28-1.9, conferring immunity to insurance carriers in actions brought by ... 3) the carrier satisfied the special coverage selection requirements of N.J.S.A. 17:28-1.9a because: (1) the UIM coverage provided to plaintiffs was ... required by law; (2) it complied with the requirements of N.J.S.A. 17:28-1.9b, by supplying plaintiffs with the Buyer's Guide approved ... the trial court rejected NJM's claim for immunity under N.J.S.A. 17:28-1.9a, noting that plaintiffs' claims were predicated upon NJM's ... policy for her." According to the trial court, in adopting N.J.S.A. 17:28-1.9a, the Legislature intended to immunize insurers only from ...
docket: A1395-05
court: NJ Superior Court Appellate Division
decided: 2007-03-08
status: published
citation: 391 N.J. Super. 113 917 A.2d 276
Document Size: 74608
15 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 833
... bus passenger medical expense benefits (MEB) coverage, as required by N.J.S.A. 17:28-1.6. Plaintiffs incurred medical expenses as a result of their ... does not include a bus. In 1991, the Legislature enacted N.J.S.A. 17:28-1.6, which provides for the payment of no fault medical ... verbal threshold" that governs actions under the No Fault Act, N.J.S.A. 17:28-1.7. It is clear on the face of these statutory ... included in the definition of an automobile set forth in N.J.S.A. 17:28-1.6. Nevertheless, USF&G argues that N.J.S.A ... USF&G argues that this provision should be read into N.J.S.A. 17:28-1.6 to impose primary liability for MEB on an injured ... s remedial interpretation to effectuate the legislative intent in enacting N.J.S.A. 17:28-1.5 to -1.9. In support of this argument, ...
docket: a6668-03
court: njappellate
decided: 2005-04-15
status: published
citation: *CITE_PENDING*
Document Size: 33589
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