New Jersey Supreme Court News

N.J. Supreme Cites ‘Authorized Vehicle Rule,’ Awards Benefits for Auto Crash

Typically, workers who are injured during their commute to work aren’t eligible for workers’ compensation benefits. The New Jersey Supreme Court highlighted an exception to that rule in a unanimous decision Tuesday. The high court held that a pest control …

N.J. High Court to Hear E-Scooter Rider’s Bid for No-Fault Auto Benefits

David Goyco says he was like a bicyclist when he was injured while riding his low-speed electric scooter and hit by a car. Thus, he contends, he is entitled to personal injury protection (PIP) benefits from his auto insurer, Progressive …

New Jersey Supreme Court to Rule on Pandemic-Related Insurance Exclusions

TRENTON, N.J. (AP) — New Jersey`s Supreme Court is expected to consider whether an Atlantic City casino can get payouts from business interruption insurance for losses during the COVID-19 outbreak, potentially providing guidance for policyholders nationwide regarding the scope of …

Jury Should Decide ‘Borrowed Employee’ Liability, New Jersey High Court Affirms

The New Jersey Supreme Court has affirmed that whether an employer is vicariously liable under the borrowed-employee doctrine is a question of fact that should be decided by the jury, not the judge, unless the evidence is obviously one-sided. The …

N.J. Supreme Ct: New York Exclusion Relieves Insurer of Duty to Defend

Clearly, Admiral Insurance Co. did not want to assume any risk in the New York City area. The insurance policy Admiral issued to Richfield Window Coverings excluded coverage “in any way connected with” operations or activities in the nine counties …

Policyholders Digging for ISO Documents to Support COVID-19 BI Claims

Plaintiff’s attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19 public safety orders. Lawyers for footwear wholesaler Marc Fisher LLC and its affiliates are asking a Connecticut state court to …

N.J. Supreme Upholds Order to Reimburse Work Comp Claimant for Marijuana

The New Jersey Supreme Court on Tuesday ordered a construction company to reimburse a workers’ compensation claimant for marijuana that was prescribed to relieve his back pain caused by a work injury. The high court rejected M&K Construction’s argument that …

N.J. High Court Finds That Res Judicata Barred Plaintiff’s UM Bad Faith Claim, Not the Entire Controversy Doctrine

The New Jersey Supreme Court recently differentiated between the “entire controversy doctrine” and the doctrine of res judicata in determining whether the insured’s bad faith claim arising out of an uninsured motorist situation was barred. The insured was injured in …

New Jersey High Court Upholds Reliability of Alcotest

New Jersey’s Supreme Court has rejected a challenge to the breath test used in drunken driving cases. Wednesday’s order by the court upholds the use of Alcotest, which replaced the Breathalyzer more than a decade ago. The test has been …

New Jersey High Court Rules Against Homeowners in Dune Dispute

A New Jersey town can present evidence of the benefits of building dunes as storm barriers when homeowners with beachfront properties seek compensation for losing their ocean views, the state’s highest court ruled. The Borough of Harvey Cedars on Long …