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 Results for ("N.J.S.A. 17:30a-5")   1 to 15 of 19 results. Run time: 0.757 seconds | Search time: 0.751 seconds    
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1 Farmers Mut. Fire Ins. Co. of Salem v. N.J. Property-Liability Ins. Guar. Ass’n -- rank: 1000
... PLIGA Act, the panel found that a 2004 amendment to N.J.S.A. 17:30A-5 requires exhaustion of benefits from solvent insurers before the Guaranty ... on the effect of the 2004 PLIGA Act amendment to N.J.S.A. 17:30A-5 on New Jersey’s common-law jurisprudence, specifically the method ... progressive injury and property damage. The PLIGA Act amendment to N.J.S.A. 17:30A-5 states that exhaustion occurs only after “a credit for ... enunciated in Owens-Illinois . The definition of “exhaust” in N.J.S.A. 17:30A-5 as applied to N.J.S.A. 17:30A-12b ... 30) 4. The exhaustion definition in the 2004 amendment to N.J.S.A. 17:30A-5 does not unconstitutionally impair Farmers Mutual’s contracts with its ... Owens-Illinois methodology. The Guaranty Association claims that, pursuant to N.J.S.A. 17:30A-5 and -12b, it is not responsible for making any ...
docket: A-42-11
court: NJ Supreme Court
decided: 2013-09-24
status:
citation: 215 N.J. 522 74 A.3d 860
Document Size: 104040
2 WARD SAND v. THE TRANSAMERICA INSURANCE COMPANY -- rank: 881
... 138 N.J. 437 , 478-79 (1994) superseded by statute , N.J.S.A. 17:30A-5).] In Owens-Illinois , the Court concluded "any allocation should be ... Am. , 305 N.J. Super. 209 (1997), superseded by statute , N.J.S.A. 17:30A-5. That case involved environmental contamination and the continuous-trigger doctrine ... Mut. , supra , 215 N.J. at 542. The Legislature amended N.J.S.A. 17:30A-5 by adding the following definition of exhaust: "Exhaust" means with ... Supreme Court has explained: The most straightforward, plain reading of N.J.S.A. 17:30A-5 is that the term "if applicable" modifies "other coverages" and ... the Guaranty Association explicitly excludes from membership surplus line insurers. N.J.S.A. 17:30A-5 (defining 'member insurer' and 'insolvent insurer')[.]" Farmers Mut. , supra , 215 ...
docket: a1479-13
court: NJ Superior Court Appellate Division
decided: 2016-01-12
status: unpublished
citation:
Document Size: 66973
3 Christine Thomsen v. Janice D. Mercer-Charles, etc., et al. -- rank: 762
... shall be reduced by the amount of any applicable credits . . . . [ N.J.S.A. 17:30A-5.] Because those amendments only apply prospectively, L. 2004, c. 175 ...
docket: a-35-05
court:
decided: 2006-06-19
status:
citation: *CITE_PENDING*
Document Size: 76405
4 FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION -- rank: 708
... damage to property with a permanent location in this State. [ N.J.S.A. 17:30A-5.] The PLIGA Act excludes from the definition of a "covered ... a solvent insurer's claim for "subrogation recoveries or otherwise. . . ." N.J.S.A. 17:30A-5. Under the PLIGA Act, PLIGA is "deemed the insurer to ... if applicable, issued in all other years has been applied. [ N.J.S.A. 17:30A-5.] At the heart of this appeal is PLIGA's argument ... that Sayre was superseded by the 2004 PLIGA Act amendment, N.J.S.A. 17:30A-5. We agree. As to the exhaustion issue, the motion court ... Farmers Mutual urges us to look at the language of N.J.S.A. 17:30A-5 which indicates that "exhaustion shall be deemed to occur only ... benefits from PLIGA for amounts remaining unpaid. The language of N.J.S.A. 17:30A-5 is clear that in continuous indivisible injury or cases ...
docket: a0016-10
court: NJ Superior Court Appellate Division
decided: 2011-07-11
status: unpublished
citation:
Document Size: 42628
5 FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION -- rank: 708
... damage to property with a permanent location in this State. [ N.J.S.A. 17:30A-5.] The PLIGA Act excludes from the definition of a "covered ... a solvent insurer's claim for "subrogation recoveries or otherwise. . . ." N.J.S.A. 17:30A-5. Under the PLIGA Act, PLIGA is "deemed the insurer to ... if applicable, issued in all other years has been applied. [ N.J.S.A. 17:30A-5.] At the heart of this appeal is PLIGA's argument ... that Sayre was superseded by the 2004 PLIGA Act amendment, N.J.S.A. 17:30A-5. We agree. As to the exhaustion issue, the motion court ... Farmers Mutual urges us to look at the language of N.J.S.A. 17:30A-5 which indicates that "exhaustion shall be deemed to occur only ... benefits from PLIGA for amounts remaining unpaid. The language of N.J.S.A. 17:30A-5 is clear that in continuous indivisible injury or cases ...
docket: a0015-10
court: NJ Superior Court Appellate Division
decided: 2011-07-11
status: unpublished
citation:
Document Size: 42628
6 RAFAELAA. GUICHARDO v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION NJPLIGA -- rank: 663
... barred. PLIGA is only permitted to pay 'covered claims' and N.J.S.A. 17:30A-5(d) expressly provides that the term 'covered claim' does not ... by an insurer, if such insurer becomes an insolvent insurer . . . .' N.J.S.A. 17:30A-5[(d)]. [Thomsen v. Mercer-Charles, 187 N.J. 197, 204 ... 242 N.J. Super. 164 (App. Div. 1990), we held N.J.S.A. 17:30A-5(d) barred counsel fees incurred by an insured for prosecuting ... fulfilling its role administering claims against insolvent insurers. By enacting N.J.S.A. 17:30A- 5(d) the Legislature expressly excluded PLIGA from liability for counsel ...
docket: a4410-15
court: NJ Superior Court Appellate Division
decided: 2018-01-26
status: unpublished
citation:
Document Size: 40704
7 PARRY AFTAB, et al v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION -- rank: 641
... of "an insurance policy to which [the PLIGA Act] applies." N.J.S.A. 17:30A-5. Plaintiffs contend that the PLIGA Act applies to ANLIR's ... 1960, c. 32 (C.17:22-6.37 et seq.). [ N.J.S.A. 17:30A-5 (emphasis added).] In view of the use of the two ... met the following coverage criteria under the PLIGA Act at N.J.S.A. 17:30A-5: "(1) The claimant or insured is a resident of this ... note that the PLIGA Act applies only to "direct insurance." N.J.S.A. 17:30A-5. Affirmed. Text Box Footnote: 1 This and other sections of ...
docket: A2460-04
court: NJ Superior Court Appellate Division
decided: 2006-05-31
status: American Nat
citation:
Document Size: 49732
8 Carpenter Technology Corporation v. Admiral Insurance Company -- rank: 636
... the State, or concern property permanently located in New Jersey. N.J.S.A. 17:30A-5. NJPLIGA is not responsible for assessments or charges for failure ...
docket: a-76-00
court: njsupreme
decided: 2002-06-17
status:
citation: 172 N.J. 504
Document Size: 78137
9 CHRISTINE THOMSEN, Plaintiff v. JANICE D. MERCER-CHARLES, et al. -- rank: 625
... the State, or concern property permanently located in New Jersey. N.J.S.A. 17:30A-5. NJPLIGA is not responsible for "assessments or charges for failure ...
docket: a5571-02
court: njappellate
decided: 2005-04-28
status: published
citation: 377 N.J. Super. 267
Document Size: 61206
10 HENRY POSSO v. ACCELERATION NATIONAL INSURANCE COMPANY -- rank: 625
... of insolvent insurers and pay "covered claims" as defined by N.J.S.A. 17:30A-5: "Covered claim" means an unpaid claim, including one of unearned ... UM claim is "an unpaid claim" within the meaning of N.J.S.A. 17:30A-5 at the time of the accident as he received workers ... the State, or concern property permanently located in New Jersey. N.J.S.A. 17:30A-5. NJPLIGA is not responsible for "assessments or charges for failure ... Id. at 202. The Court concluded that the language of N.J.S.A. 17:30A-5 are not applicable here and have been deleted from the ...
docket: a1559-06
court: NJ Superior Court Appellate Division
decided: 2008-09-04
status: published
citation: 402 N.J.Super. 381 954 A.2d 520
Document Size: 47914
11 /usr/local/share/www/libweb/collections/courts/supreme/a1107-12.opn.html -- rank: 622
... Association] ... based on the credit language that now appears in [ N.J.S.A. 17:30A-5]. I don't think that [the language] significantly changes the ... 46-2(c).] II The Association focuses its argument on N.J.S.A. 17:30A-5, which states: "[t]he amount of a covered claim payable ... the current "[t]he amount of a covered claim payable." N.J.S.A. 17:30A-5. The two phrases are virtually indistinguishable, and the language in ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation: 431 N.J.Super. 493 70 A.3d 744
Document Size: 26550
12 GEORGE OYOLA and AUDREY OYOLA v. XING LAN LIU -- rank: 566
... Association] ... based on the credit language that now appears in [ N.J.S.A. 17:30A-5]. I don't think that [the language] significantly changes the ... 46-2(c).] II The Association focuses its argument on N.J.S.A. 17:30A-5, which states: "[t]he amount of a covered claim payable ... the current "[t]he amount of a covered claim payable." N.J.S.A. 17:30A-5. The two phrases are virtually indistinguishable, and the language in ...
docket: a1107-12
court: New Jersey Superior Court Appellate Division
decided: 0000-00-00
status: Published
citation: 431 N.J.Super. 493 70 A.3d 744
Document Size: 27135
13 21st CENTURY INSURANCE COMPANY v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION AS STATUTORY ADMINISTRATOR OF UNSATISFIED CLAIM AND JUDGMENT FUND -- rank: 512
... of an insurance policy to which the PLIGA Act applies. N.J.S.A. 17:30A-5. Relying on both the directive and the express language of ...
docket: a1773-12
court: NJ Superior Court Appellate Division
decided: 2014-05-14
status: unpublished
citation:
Document Size: 17976
14 CHASE SHALER, et al. v. TOMS RIVER OBSTETRICS & GYNECOLOGY ASSOCIATES; and JOSEPH CUDIA, M.D. -- rank: 495
... property damage claims regarding property permanently located in New Jersey. N.J.S.A. 17:30A-5. PLIGA's obligation is limited to "that amount of each ...
docket: a3633-04
court: njappellate
decided: 2006-03-10
status: published
citation: *CITE_PENDING*
Document Size: 41431
15 ZETNIA H. DELGADO and JULIO A. DELGADO, individually et al. v. DEBRA M. EPSTEIN, M.D., and MEMORIAL HOSPITAL OF BURLINGTON COUNTY -- rank: 479
... against Grossman-Levine Associates must be reversed as violative of N.J.S.A. 17:30A-5. We disagree. The jury concluded that Epstein acted negligently in ... cannot recover prejudgment interest on an unliquidated claim against PLIGA. N.J.S.A. 17:30A-5. Less clear is whether an injured party may recover prejudgment ...
docket: A1680-03
court: NJ Superior Court Appellate Division
decided: 2006-01-24
status: unpublished
citation:
Document Size: 112046
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