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”

New COBRA Subsidies Under The Arra

NEW COBRA SUBSIDIES UNDER THE ARRA EMPLOYERS REQUIRED TO TAKE PROMPT ACTION OVERVIEW On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (“ARRA”), commonly known as the Economic Stimulus package. One of the key provisions of the ARRA provides for a subsidy of COBRA benefits. Employers … Continue reading “New COBRA Subsidies Under The Arra”

Businesses Must Use Revised Form I-9

As you are aware, the Department of Homeland Security – United States Citizenship and Immigration Services (formerly INS) announced in the Federal Register on November 26, 2007 that employers must transition to the revised Employment Eligibility Verification Form (I-9) not later than December 26, 2007. The revised I-9 is required to be completed for all … Continue reading “Businesses Must Use Revised Form I-9”

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”

Filing Charges for Theft of Service: Probably a Very Bad Idea

A customer comes to your marina or shop asking you to repair his engine or boat. You get a signed work order and make all the necessary repairs. However, the customer never pays and leaves the boat in your yard. Or he pays part of the bill, you allow him to have his boat back … Continue reading “Filing Charges for Theft of Service: Probably a Very Bad Idea”

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”

Case Law Update: Patrick Switzer v. Connectron Inc.

This case involves a reversal by the Superior Court on respondent’s Motion to Dismiss. Petitioner filed an occupational claim against Connectron where he had been employed as a punch press operator from l987 until 5/93. Petitioner alleged that position required repeated trauma to both hands and wrists which caused carpal tunnel syndrome. He first “learned” … Continue reading “Case Law Update: Patrick Switzer v. Connectron Inc.”

Case Law Update: Danuta Rosinski v. General Motors

Respondent appeals from a final determination by the Workers Compensation court who found petitioner was entitled to death benefits because her husband died while on special mission. The central issue raised on appeal is whether the decedent was engaged in the direct performance of his duties when he suffered a heart attack while waiting outside … Continue reading “Case Law Update: Danuta Rosinski v. General Motors”