May 2015 | Page 2 of 3 | Capehart Scatchard

Coverage Disputes Between PIP Carriers Subject to Arbitration

By Gina M. Zippilli, Esq. In New Jersey, it is statutorily mandated that disputes between insurance companies over contribution for personal injury protection (“PIP”) benefits be arbitrated. What happens, however, where coverage between those carriers is disputed and must be resolve...

Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?

The old adage is that New Jersey is a not a partial temp state, but is that really true? In some states, like New Hampshire, an employee who returns to work but due to disability cannot earn the amount he or she was earning before the work injury may be eligible for significant benef...

Counsel Fee Award Denied When not Preserved in High-Low Agreement

Babysitter Carol Collins was pushing three-year old Kirsten Jennings in a shopping cart at a jogging pace when she fell, pulling the cart down and causing injuries to Kirsten. In Jennings v. Collins, No. A-0750-13 (N.J. App. Div. Mar. 30, 2015), Kirsten's father, plaintiff Kevin Jenni...

John H. Geaney Addresses New Jersey Self Insurer’s Association

Mt. Laurel, NJ - - Capehart Scatchard Shareholder, John H. Geaney, Esq., recently spoke at the New Jersey Self Insurers' Association Spring Conference held at Harrah's Resort and Casino in Atlantic City, New Jersey. Mr. Geaney's presentation was titled, "Guess the Defense." His tal...

Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement

Unlike many states, most settlements in New Jersey are paid out over a period of weeks, often with payments carrying out well into the future. For example, if an employee receives an award of 40% permanent partial disability, the award is paid over 240 weeks in equal payments beginni...

Homeowner Defendant Entitled to Summary Judgment When Dog Bite Plaintiff is Determined to Be a Trespasser

The recent matter of Ahrens v. Rogowski,2015 N.J. Super Unpub. LEXIS 308 (App. Div., February 20, 2015) provides an interesting analysis of the impact of classification of the legal status of a Plaintiff in a dog bite case. In this matter, Plaintiff Ahrens visited a commercial establ...

Court Holds Unclear Yet Signed Liability Waiver Insufficient to Bind Injured Gym Patron

(A Pennsylvania Perspective) By Charles F. Holmgren, Esq. While liability waivers are essential for businesses to protect themselves against lawsuits stemming from patrons injured in an activity it provides, such as ski resorts, sports leagues and gyms, waivers not sufficiently forma...

Mode of Operation Rule Applies Regardless of Whether the Source of the Hazard Is Identified

(A New Jersey Perspective) By Gina M. Zippilli, Esq. Grocery stores, restaurants and similar businesses are exposed to greater liability every day. Their patrons, who eventually turn into plaintiffs, are absolved of greater accountability with each passing year. This makes it even...

Residential Property Owners Found Not Liable for Dangerous Sidewalk Condition Created by Neighbors’ Sump Pump

This week's article was written by my associate attorney, Voris M. Tejada, Jr., Esq. The plaintiff, David Johnson, was injured when he slipped and fell on an icy patch underneath some newly fallen snow on the sidewalk abutting the defendants homeowners’ property. In Johnson v. Dymow...

Employer Waived Its Objection to Policy Cancellation by Waiting Seven Years before Raising Issue of Proper Cancellation

Janice Davis was injured on April 23, 2007 in a work-related accident. She filed a claim petition promptly against Yassien Mobility Assistance & Ambulance, Inc., her employer. On October 1, 2007, Yassien filed an answer stating that it had no insurance for workers’ compensation....

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Coverage Disputes Between PIP Carriers Subject to Arbitration

Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?

Counsel Fee Award Denied When not Preserved in High-Low Agreement

John H. Geaney Addresses New Jersey Self Insurer’s Association

Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement

Homeowner Defendant Entitled to Summary Judgment When Dog Bite Plaintiff is Determined to Be a Trespasser

Court Holds Unclear Yet Signed Liability Waiver Insufficient to Bind Injured Gym Patron

Mode of Operation Rule Applies Regardless of Whether the Source of the Hazard Is Identified

Residential Property Owners Found Not Liable for Dangerous Sidewalk Condition Created by Neighbors’ Sump Pump

Employer Waived Its Objection to Policy Cancellation by Waiting Seven Years before Raising Issue of Proper Cancellation

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