Search Rutgers Law Library N.J. Court Opinions

1 Guerline Felix v. Brian V. Richards -- rank: 1000

... subsection a. of section 2 of L. 1968, c. 385 ([N.J.S.A.] 17:28-1.1), and personal injury protection benefits coverage pursuant to section 4 ...

docket:	a-27-18
court:	NJ Supreme Court
decided:	2020-02-26
status:
citation:
Document Size:	80420

2 GREGORY B. FREEMAN v. SHADI M. MAKANASH -- rank: 982

... 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 renewal ... 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 found ... 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 provide ... 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 concluded ... 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, and ...

docket:	a2177-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-19
status:	Unpublished
citation:
Document Size:	34425

3 State Farm Mutual Automobile Insurance Company v. Licensed Beverage Insurance Exchange -- rank: 892

... 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 involve commercial ...

docket:	a-90-95
court:	njsupreme
decided:	1996-07-31
status:
citation:	146 N.J. 1
Document Size:	45567

4 Pizzullo v. New Jersey Manufacturers Insurance Company -- rank: 853

... insureds. See L. 1983, c. 362, § 2 (codified at N.J.S.A. 17:28-1.1(a)(2)). In addition, starting in 1984, automobile insurers were ... liability coverage that the particular insured carried. Ibid. (codified at N.J.S.A. 17:28-1.1(b)). At the same time, as part of the 1984 ...

docket:	a-21-07
court:
decided:	2008-08-07
status:
citation:	196 N.J. 251
Document Size:	83615

5 LORRAINE DAVID v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al. -- rank: 841

... 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 vehicle ...

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

6 KARON K. JOHNSON v. ROSELLE EZ QUICK LLC -- rank: 836

... not require a different result. There, the statutory amendment of N.J.S.A. 17:28-1.1 required reformation of existing insurance policies. Id. at 571. The ... prospectively in all respects. The Court held the new statute, N.J.S.A. 17:28-1.1(f), would apply partially retroactively to existing insurance policies, albeit ...

docket:	a4244-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-25
status:	Published
citation:
Document Size:	70247

7 ASTIN CIVITANO v. JASON FONTAINE -- rank: 831

... coverage because Joyce was not an 'actual responsible tortfeasor' under N.J.S.A. 17:28- 1.1(e). NJM thereafter filed a motion for reconsideration of the ... NJM argued that the court's ruling was contrary to N.J.S.A. 17:28- 1.1(e) because the coverage provided under the Liberty Mutual policy ... Civitano in that the term 'available' in the context of [ N.J.S.A.] 17:28- 1.1(e) refers to actual responsible tortfeasors. It is undisputed that ... UIM coverage is entitled to recovery are set forth in N.J.S.A. 17:28-1.1(e)[(1)].' Prudential Prop. & Cas. Ins. Co. v. Kress, 241 ... Cos., 232 N.J. Super. 393, 399 (App. Div. 1989). N.J.S.A. 17:28-1.1(e)(1) defines UIM coverage and provides in relevant part ... parties agree that Jason was the only responsible tortfeasor. Under N.J.S.A. 17:28-1.1(e), the sole issue to be decided is whether ...

docket:	a3087-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-12
status:	Unpublished
citation:
Document Size:	34028

8 Thomas DeMarco v. Sean Robert Stoddard, D.P.M. -- rank: 828

... obtain automobile liability insurance acquires uninsured and underinsured motorist coverage. N.J.S.A. 17:28-1.1(b). Such coverage ameliorates the financial harm that may arise ...

docket:	A-104-13
court:	NJ Supreme Court
decided:	2015-12-01
status:
citation:	219 N.J. 131 97 A.3d 663
Document Size:	148694

9 Shaw v. City of Jersey City -- rank: 826

... 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 the ... 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 of ... 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 in ... 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 a ... 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, plaintiff ... 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 maximum ...

docket:	a-101-01
court:	njsupreme
decided:	2002-12-11
status:
citation:	174 N.J. 567
Document Size:	50173

10 METLIFE AUTO AND HOME v. DONALD PALMER -- rank: 826

... to the MetLife policy; and (2) violates the provisions of N.J.S.A. 17:28-1.1, which mandates the inclusion of UM coverage in every motor ... to Travelers' contention that the policy language runs afoul of N.J.S.A. 17:28-1.1. Travelers places heavy reliance on our recent decision in Rider ... supra , 354 N.J. Super. 491 . The pertinent provisions of N.J.S.A. 17:28-1.1 are:     a. [N]o motor vehicle liability policy or renewal ... requiring First Trenton to contribute its pro rata share under N.J.S.A. 17:28-1.1, we noted that there was no warning on First Trenton ... to examine the exclusion in light of the provisions of N.J.S.A. 17:28-1.1, pointing out that First Trenton's exclusion conflicted with section a. of N.J.S.A. 17:28-1.1, which provides that "[a]ll motor vehicle liability policies, ...

docket:	A2705-02
court:	NJ Superior Court Appellate Division
decided:	2004-01-06
status:	published
citation:	365 N.J. Super. 293 839 A.2d 83
Document Size:	31625

11 PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY V. MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND -- rank: 823

... 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 coverage ... compulsory insurance includes the obligation to carry UM coverage, see N.J.S.A. 17:28-1.1, an obligation that has been held to apply to public ... stacking' legislation, L. 1983, c. 362, § 2(c), codified in N.J.S.A. 17:28-1.1(c)." 102 N.J. at 610. However, because 273 N ... self-insure, it would have been forced to comply with N.J.S.A. 17:28-1.1 and provide UM coverage. Id. at 142.     In Colatrella , supra ...

docket:	a-98-94
court:	njsupreme
decided:	1995-05-25
status:
citation:	141 N.J. 235
Document Size:	36877

12 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: 816

... 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 is ...

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

13 Camie Livsey v. Mercury Insurance Group -- rank: 809

... drive-by shootings. The court explained that the UM statute, N.J.S.A. 17:28-1.1(a)(2), requires proof of an accident and that the ... favor of the insurer. 1. The Court’s interpretation of N.J.S.A. 17:28-1.1(a)(2) is guided by core principles of statutory construction ... and contemporaneous construction. (Pp. 9-11). 2. On its face, N.J.S.A. 17:28-1.1(a)(2) appears clear. It states, in relevant part, that ... maintenance, operation or use of such uninsured . . . motor vehicle [.]” N.J.S.A. 17:28-1.1(a)(2) (emphasis supplied). Reasoning that the UM statute requires ... entitling the victim to statutorily-mandated uninsured motorists benefits under N.J.S.A. 17:28-1.1(a)(2).’” We also granted amicus curiae status ... entitling the victim to statutorily-mandated uninsured motorist benefits under N.J.S.A. 17:28-1.1(a)(2).” She asserts that this Court already ...

docket:	a-96-07
court:
decided:	2009-02-19
status:
citation:	197 N.J. 522
Document Size:	72807

14 Tyrone A. Huggins v. Mary E. Aquilar -- rank: 799

... only indirectly discussed liability coverage via the parity requirement of N.J.S.A. 17:28- - 1.1(b). See 140 N.J. at 405-08. Aubrey was ...

docket:	a-78-19
court:	NJ Supreme Court
decided:	2021-04-21
status:
citation:
Document Size:	58153

15 HERIBERTO CABALLERO-GONZALEZ v. HARCO NATIONAL INSURANCE COMPANY -- rank: 799

... N.J.S.A. 39:6A-14 (emphasis added); see N.J.S.A. 17:28-1.1. It is not disputed the Cadillac was principally garaged in ... required. He contends the policy's exclusion is repugnant to N.J.S.A. 17:28-1.1's requirement that all policies have uninsured motorist (UM) coverage ... App. Div. 2002). However, the Legislature overruled Phillips by amending N.J.S.A. 17:28-1.1. Magnifico v. Rutgers Cas. Ins. Co., 153 N.J. 406 ... and exclusions approved by the Commissioner of Banking and Insurance.' N.J.S.A. 17:28-1.1(d). 'There is no suggestion here that such approval did ... Hardy, 397 N.J. Super. at 587. No provision of N.J.S.A. 17:28-1.1 bars such an exclusion. See Christafano v. N.J. Mfg ... Div. 2003) (distinguishing Rider because there the policy exclusion made N.J.S.A. 17:28-1.1(c) 'surplusage'). Nor is the policy exclusion contrary to ...

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