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New Jersey Law Journal

Index to Verbal Threshold Opinions

Since 1988, there have been over 120 published cases that deal with some aspect of the verbal threshold. These cases are listed here in chronological order by subject matter.
8 minute read

New Jersey Law Journal

A Look at No Fault in 2022

This year, there were no new cases dealing with the verbal threshold; however, there were two new cases from the Supreme Court dealing with motor vehicle accidents: Cooper Hospital (Collateral Sources: Medicare) and Stewart (Tort Claims Act: Dangerous Condition of Public Property). In addition, there have been two new statutes relating to automobile insurance.
12 minute read

New Jersey Law Journal

A History of Automobile Insurance

The triple pillars of the system are the Compulsory Insurance Law (which requires liability insurance), the No Fault Act (which requires Personal Injury Protection benefits) and the Uninsured Motorist Act (which requires uninsured and underinsured motorist coverage).
6 minute read

New Jersey Law Journal

Compulsory Liability Insurance

I recommended that the Legislature amend the insurance statutes to provide that the minimum liability and UM/UIM coverage for automobiles and all motor vehicles be increased to $100,000. The action of the Legislature in increasing the compulsory insurance limits to $25/50,000 on Jan. 1, 2023 and $35/70,000 on Jan. 1, 2026 is welcome, but is not enough.
2 minute read

Daily Business Review

Is Insurance Adjuster a 'Disinterested' Party? Here's Why That Matters

"The majority's failure to recognize this ambiguity will result in a financial burden on insureds of limited economic means," Justice Jorge Labarga wrote.
7 minute read

New York Law Journal

New President Aims to Grow New York Claim Association, Boost Education and Networking

Matthew Jones is a fourth-general lawyer in his family's more than century-old firm, which represents mostly insurance carriers and self-insured employers.
2 minute read

New York Law Journal

First Dept. Tosses Out Most of MSG Companies' COVID-19 Business Loss Suit Against Major Insurers

The lawsuit, filed in March 2021, alleges that the 35 linked Madison Square Garden companies paid "millions of dollars in premiums," but "instead of honoring their obligations, the Insurers have paid nothing for the MSG Insureds' losses."
4 minute read

Daily Business Review

Privileged: Florida Court Rules Insurer Doesn't Have to Turn Over Its Claims File

"It's nice to get some law, more clarity on that particular issue," appellate counsel Sara Sandler Cromer said.
4 minute read

Law.com

Accidents Will Happen? Judge Says Insurer Must Defend Builder Accused of Violating 'Tree-Cutting Statute'

"In the court's view, the allegations here are broad enough to reasonably sketch a claim that Partington had a mistaken but reasonable belief that it was authorized to cut the trees," the court said. "Such a claim would be for property damage arising out of an occurrence, meaning it would be a 'loss [that] fits the expectation of protective insurance reasonably generated by the terms of the policy,' thus triggering Nautilus's duty to defend."
5 minute read

Law.com

Federal Judge Rejects 'Pay-as-You-Go Software' Developer's Motion for Preliminary Injunctive Relief Against Wholesaler

"Relative to the first alleged breach, and as explained in more detail in the factual background, Shaw's and Nagel's communications with Nixer Comp were efforts to promote and pitch the PayGo software as the best solution to meet Nixer Comp's needs. They did not divulge, let alone transfer, confidential or proprietary information of the PayGo software or of PayGo, LLC during the April 2020 meeting or in other communications with Nixer Comp or MIS," Cabell wrote.
3 minute read

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