Since 1992, I have prepared an annual supplement to the New Jersey Law Journal that is entitled “Automobile Injury: A Look at No Fault.” Over the last 23 years, I have reviewed over 120 opinions that have been published since 1988 when the No Fault Act was amended to adopt the “verbal threshold.” Each of these cases is listed in the Verbal Threshold Citator included in the 2015 supplement.
This year, there are no verbal threshold cases to report and, therefore, there is no reason to “look” at No Fault in 2015. Nonetheless, since this is an “Automobile Injury” supplement, I will discuss five important automobile cases: Badiali (Bad Faith: The Fairly Debatable Standard); Wadeer (Bad Faith: Res Judicata); Maida (Civil Reservations); Myksa (mandatory UM/UIM arbitration clauses); and Citizens United (Basic Policies). I hope that my review of these cases and my “commentaries” will be thought-provoking and challenging to the trial bench and bar.
Civil Reservations
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