In order to avoid a retrial, should an additur or remittitur require mutual consent? Yes, said the court in Orientale v. Jennings, 239 N.J. 569 (2019).

After settling for defendant’s $100,000 policy, plaintiff, pursuant to her $250,000 underinsured motorist provision, brought an action against Allstate. Following a damages-only trial, the jury returned a $200 verdict. Post trial, plaintiff’s motion for an additur was granted, which brought the award to $47,500. Because Allstate accepted the additur, which was still less than defendant’s policy, plaintiff was no-caused. Of course, because plaintiff had previously accepted the tortfeasor’s $100,000 policy, this result would have been the same even if the additur brought the award to $100,000.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]