Who Was the General Contractor For This Residential Project?

On October 2, 2014, the Appellate Division of the New Jersey Superior Court issued an opinion on the issue of whether a husband and wife, as New Jersey property owners, were general contractors during the course of construction of a new home. [Michael Keefe v Center Street Builders, Inc] Lawrence and Wendy Wilt (“the Wilts”), … Continue reading “Who Was the General Contractor For This Residential Project?”

California Court Addresses Issue Of Attorney Website Content As Possibly Affecting The Trial

Date: 06/25/2014 Publication: Website CooperLevenson Publication: Website Summary: In the case of Steiner v. The Superior Court of Santa Barbara County, 3013 Cal. App. Lexis 957, (2013) the court was called upon to decide whether advertorial information posted on the website of one of the plaintiffs’ attorneys should be removed for the duration of the … Continue reading “California Court Addresses Issue Of Attorney Website Content As Possibly Affecting The Trial”

Faulty Workmanship Versus Defective Products In Construction Cases; Are They Covered By Insurance?

Date: 04/29/2014 Publication: CL White Paper CooperLevenson Publication: CL White Paper Summary: On December 3, 2013, a Pennsylvania Appellate Court revisited insurance coverage claims under Pennsylvania Law and determined that there could be an insurance covered “occurrence” in the construction setting perhaps loosening the previous case law precluding such coverage. Article: Carmelo Tony Torraca White … Continue reading “Faulty Workmanship Versus Defective Products In Construction Cases; Are They Covered By Insurance?”

Court Upholds “employee Exclusion” In Worksite Accident Claim

In a case approved for publication on May 18, 2012, the Appellate Division reversed a trial court determination that required a commercial general liability policy to cover the general contractor in the situation were a subcontractor’s employee was fatally injured in a worksite accident. In Estate of Gabriele v. Lyndhurst Residential Communities, et al. v. … Continue reading “Court Upholds “employee Exclusion” In Worksite Accident Claim”

Tax Evaluation Methodology

Once the highest and best use for real estate is established, the various methodologies for valuing improved property can be utilized. The easiest method to understand is the sales comparison approach a/k/a the comparable sales approach. In this method, value is established by analyzing sales, listings or pending sales of properties that are similar to … Continue reading “Tax Evaluation Methodology”

Contested Wills: Avoiding The Heardbreak Of Expensive Litigation

For the past 35 years a significant portion of my practice has been devoted to representing people involved in Will contests – cases wherein a family member is suing a sister or brother, or even parents or step-parents regarding a loved one’s assets and last wishes. These lawsuits are often complicated, emotionally draining and very … Continue reading “Contested Wills: Avoiding The Heardbreak Of Expensive Litigation”

Your Business Insurance – You Deserve A Good Night’s Sleep

Whether your business is small or large, your business insurance portfolio may be your most crucial and most inexpensive asset. Any discussion of your insurance coverage must begin with a candid and honest dialogue with your insurance agent or broker. Your agent or broker is the gatekeeper for all of your insurance coverage. In any … Continue reading “Your Business Insurance – You Deserve A Good Night’s Sleep”

Pip Insurer May Recover Payouts — Even Where Plaintiff Is Not Made Whole

On Thursday, July 16, 2009, the New Jersey Supreme Court narrowly upheld a doctrine that states PIP carriers are entitled to be reimbursed by a tortfeasor’s insurer even if that leaves the injured person without compensation. In Fernandez v. Nationwide Mutual Insurance Company A-54-08, the Supreme Court, by a 3-3 decision, affirmed the Appellate Division’s … Continue reading “Pip Insurer May Recover Payouts — Even Where Plaintiff Is Not Made Whole”

No Expert Testimony Required For Admissibility Of Photograph Of Vehicle Minor Physical Damage To Disprove Serious Injury Claim

On May 30, 2007, the New Jersey Supreme Court, reversing its Appellate Division, opened the door to the admissibility of photographs that depict minor vehicle physical damage as a factor to establish that claimed serious injuries were not caused by the accident or that their severity was questionable. In Brenman v. Demello, the trial judge … Continue reading “No Expert Testimony Required For Admissibility Of Photograph Of Vehicle Minor Physical Damage To Disprove Serious Injury Claim”

An Overview Of Indemnification And “additional Insured” Coverage

Attorneys who comprise this department are in fact TRIAL attorneys. Each case is analyzed by the Chairman of the department and an active trial attorney, in an effort to identify those matters which are most likely to be tried and those which are most likely to settle. The approach, however, in the handling of each … Continue reading “An Overview Of Indemnification And “additional Insured” Coverage”