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”

New Challenges In Trying A Negligence Case

In this case, Cedar Johnson was employed by Cambridge Frozen Bakery Products Company. Johnson’s supervisor, Ray Majewski, asked Johnson to drive to Majewski’s home and retrieve his prescription medicine. Johnson did as he was instructed, and used his own car for transportation. En route, Johnson struck a vehicle operated by plaintiff Samuel Finn, who was … Continue reading “New Challenges In Trying A Negligence Case”

Recent Case Summary Reports On Matters Involving Insurance Coverage

In Skeete v. Dorvius, decided by our Supreme Court on June 10, 2005, the Court held that a step-down clause for UIM coverage in an automobile policy was unenforceable. Specifically, the reduction in UIM coverage for passengers in the policy was buried in approximately two hundred pages of materials. In this case, Shedrack Skeete was … Continue reading “Recent Case Summary Reports On Matters Involving Insurance Coverage”

Verbal Threshold Defeats Lawsuits Once Again

Involved in a motor vehicle accident and governed by the verbal threshold, plaintiff, Ortenzio, undergoes electromyography demonstrating right C5 and C6 radiculopathies and bilateral L5 and S1 radiculopathies. A cervical MRI reveals disc bulging at C4-5 through C6-7, but no herniation. An MRI of plaintiff ‘s jaw shows hypermobile condyle with retro-discal inflammation and internal … Continue reading “Verbal Threshold Defeats Lawsuits Once Again”