Insurance Law Posts

Appellate Division Issues Guidelines for Third Parties Recording Defense Medical Exams

Appellate Division Issues Guidelines for Third Parties Recording Defense Medical Exams

May a plaintiff be accompanied by a third party at a defense medical exam or require that the examination be recorded? “It depends.”–Every lawyer ever.

 

On May 3, 2022, the Appellate Division, in the published decision of Difiore v. Pezec, was tasked with resolving “when, if ever, a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers can be accompanied by a third party to a defense medical examination (“DME”), or require that the examination be video or audio recorded...

Uninsured and Underinsured Motorist Coverage in New Jersey

Uninsured and Underinsured Motorist Coverage in New Jersey

As the names suggest, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is the portion of an insured’s own policy of insurance under which he may be compensated for injuries and losses he suffers at the hands of uninsured/underinsured drivers. Uninsured Motorist coverage is applicable in accidents involving hit-and-run (or phantom vehicle) accidents or accidents where the other driver’s insurance has lapsed or is non-existent. On the other hand...

New Jersey Premises Liability: Who is Responsible

New Jersey Premises Liability: Who is Responsible

Common Law: Three Types of Visitors

Traditionally at common law, there are three categories of relationships between a landowner and a visitor. Each one requires something different from the landowner. Whether a fall occurred within a store, on the grounds of a business, or at a friend or acquaintance’s home, the first step will be to determine whether the premises owner owed the injured individual a duty of care...

New Jersey Supreme Court defines boundaries of the Mode of Operation Doctrine finding it not to apply to the sale of grapes in closed containers

New Jersey Supreme Court defines boundaries of the Mode of Operation Doctrine finding it not to apply to the sale of grapes in closed containers

The New Jersey Supreme Court ruled in a 4-2 decision that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.” Jeter v. Sam’s Club (A-2-21) (085880). The decision limits liability for injuries suffered due to a fall from a product spilled or dropped from self-service containers.

 

In the decision, the Court first defined the mode of operation rule as...

The New Jersey Insurance Fair Conduct Act—Signed Into Law

The New Jersey Insurance Fair Conduct Act—Signed Into Law

On January 18, 2022, Governor Phil Murphy signed The New Jersey Fair Conduct Act, allowing policyholders to pursue a private cause of action against their insurance company when the insurer unreasonably delays or denies uninsured (UM) / underinsured (UIM) motorist claims.

 

Under the new law, an insured individual claiming UM/UIM benefits may now file a civil lawsuit against their insurance company if the company...

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