New Jersey Indemnity Law
 

Ina M. Collins v. Mary Kay, Inc.

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Plaintiff-Appellant Ina M. Collins, who worked as a
beauty consultant in New Jersey for Defendant-Appellee Mary
Kay, Inc. brought this putative class action in the United States
District Court for the District of New Jersey, claiming that
certain Mary Kay policies and practices violated the New
Jersey Wage Payment Law (“NJWPL”). Mary Kay moved to
dismiss the suit on forum n... More...
   $0 (11-03-2017 - NJ)

KANSAS CITY POWER & LIGHT CO. v. THE UNITED STATES

Plaintiff is an electrical utility company headquartered in Kansas City, Missouri. Compl. ¶ 1. It provides electrical services to both residential and commercial customers in Missouri and Kansas. Id. On or about August 19, 2005, the United States, acting through the General Services Administration (“GSA”), entered into a contract with plaintiff for the delivery of electrical utility services t... More...    $0 (03-28-2017 - NJ)

Amy Ryan v. Gina Marie, L.L.C.

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti... More...    $0 (06-07-2011 - NJ)

Mark Petersen v. Township of Raritan

We are asked to examine whether the terms of a collective bargaining agreement (CBA),1 which was in effect upon the retirement of a municipal police officer, mandates that the retiree be vested in the specific insurance benefit plan offered at the time of retirement. Plaintiff Mark Petersen retired from the municipal police force of defendant Township of Raritan. At his retirement, plaintiff was p... More...    $0 (02-09-2011 - NJ)

John K. Cupido v. William Perez

This is a personal injury automobile negligence action. The issue presented is whether an out-of-state resident whose automobile is insured by an insurance company, which, although not authorized to transact either private passenger automobile or commercial motor vehicle insurance business in this State, controls affiliate companies that are authorized to transact commercial motor vehicle business... More...    $0 (08-27-2010 - NJ)

Wendy M. Flomerfelt v. Matthew P. Cardiello


Plaintiff Wendy Flomerfelt sustained temporary and permanent injuries after she overdosed on alcohol and drugs during a party hosted by defendant Matthew Cardiello at his parents' home while they were out of town. Plaintiff has little recollection of what she drank or ingested either before she arrived or during the party itself. Her complaint, however, asserted that her injuries were caused ... More...
   $0 (07-07-2010 - NJ)

Jersey Schools Construction Corporation v. David Lopez

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv... More...
   $0 (02-19-2010 - NJ)

ALLEN WILLIAMS v. STATE FARM INDEMNITY COMPANY



Plaintiff, Allen Williams, was injured in a car accident he alleged was caused by the negligence of the driver of a phantom vehicle; his car had no physical contact with that vehicle. Plaintiff was insured by defendant, State Farm Indemnity Company, and his policy included uninsured motorist (UM) coverage in the amount of $100,000 per person. After plaintiff made a claim for UM benefits, a... More...
   $0 (01-20-2009 - NJ)

THE TRAVELERS INDEMNITY COMPANY v. KENVIL STEEL PRODUCTS, INC.



Defendant Kenvil Steel Products Inc. appeals from a judgment in the amount of $164,861 for earned premiums on workers' compensation insurance policies issued to defendant for the terms of August 1, 2002, to August 1, 2003; August 19, 2003 to August 1, 2004; and August 1, 2004, through February 11, 2005. We affirm.

By way of background, the New Jersey Compensation Rating and Inspecti... More...
   $0 (01-27-2009 - NJ)

Jill Golden and Sheldon Golden v. GMAC Insurance Company

Plaintiff, Jill Golden,1 was allegedly injured on April 9, 1999, when her vehicle was struck from behind by a vehicle driven by Walter Koonce and owned by Koonce's employer, Access Corporation. Plaintiff instituted a personal injury suit in the Law Division on March 29, 2001, against Koonce and his employer. At the time of the accident, Koonce and his employer were covered by a liability ins... More...    $0 (06-24-2008 - NJ)

Donna Whitefield v. Perry Whitefield

This matrimonial appeal involves the interplay of veterans' retirement benefits and veterans' disability in the context of a post-judgment enforcement action. Defendant Perry Whitfield ("husband" or "former husband") contends the trial court erred in determining that the State of New Jersey has the authority to treat as property divisible upon divorce military retirement pay waived by the r... More...    $0 (01-03-2005 - NJ)

Janusz Dziewiecki v. Wieslaw Bakula, et al.

Janusz Dziewiecki was seriously injured in September 1997 as the result of a swimming pool accident. Alleging various theories of liability, Dziewiecki sued his hosts, Wieslaw and Elizabeth Bakula; the installer and supplier of the pool, Grobels, Inc. (Grobels); and the manufacturer of the pool kit, Fox Pools, Inc. (Fox). In respect of Grobels and Fox, Dziewiecki asserted a product liability cl... More...    $0 (09-04-2004 - NJ)

Alvin Cohen, et al. v. Southbridge Park, Inc.

An independent outside attorney prevailed in defending a suit brought against him on behalf of a corporation that claimed he committed malpractice as attorney for the corporation in another matter. The lawyer asserted that the corporation was required to indemnify him for the expenses of the suit on the basis that he is a "corporate agent," as that term is used in the New Jersey Business Corpo... More...    $0 (05-11-2004 - NJ)

Kathryn Buono v. Michael Scalia

This appeal implicates the doctrine of parental immunity articulated in Foldi v. Jeffries, 93 N.J. 533 (1983). The trial court and Appellate Division each concluded that, on the narrow facts presented, the parents in this case are immune from suit. We agree and affirm. We emphasize, however, that the doctrine's scope is limited. It applies only when the underlying conduct involves an exercise o... More...    $0 (04-01-2004 - NJ)

Benjamin Moore & Co.v. Aetna Casualty & Surety Company, et al.

Because of the scientific uncertainties inherent in pinpointing the onset and course of progressive environmental injury, traditional liability insurance contract language did not resolve the question of when an "occurrence" takes place in that context. In Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437 (1994), we adopted the continuous-trigger theory, which posits that such injury o... More...    $0 (03-24-2004 - NJ)

Jaquez v. National Continental Insurance Company

This is an insurance coverage case. As more fully set forth below, the insured drove her car to the home of her boyfriend's sister. When the insured reached that destination she locked the car after parking it on the street in front of the residence. Once inside the house, she gave her car keys to her boyfriend's nephew to retrieve a pack of cigarettes that she kept in the vehicle. Without the ... More...    $0 (12-01-2003 - NJ)

Janusz Dziewiecki v. Wieslaw Bakula, et al.

Plaintiff, Janusz Dziewiecki, was seriously injured in a swimming pool diving accident. He sued his hosts, Wieslaw and Elizabeth Bakula, the pool's installer and distributor, Grobels, Inc. (Grobels), and the pool's manufacturer, Fox Pools, Inc. (Fox). Plaintiff asserted a negligence cause of action against the Bakulas. He also asserted products liability and breach of warranty causes of action ... More...    $0 (06-06-2003 - NJ)

Sovereign Bank v. United National Bank v. Elder Vergara et al.

Plaintiff, Sovereign Bank ("Sovereign"), sued United National Bank ("United"), a depositary bank, for conversion under N.J.S.A. 12A:3-420. On cross-motions for summary judgment, the trial court ruled for plaintiff and entered judgment in its favor for $65,150. United has appealed. We affirm.

The dispute arises in the following context. In September 1999, Luz and Elder Vergara granted a pu... More...    $0 (03-18-2003 - NJ)

Government Employees Insurance Company v. Allstate Insurance Company

The deemer statute, N.J.S.A. 17:28-1.4, mandates that some automobile insurance companies include within their out-of-state issued policies certain New Jersey automobile insurance coverages. Government Employees Insurance Company (GEICO), a company not authorized to transact any insurance business in New Jersey, relying on a 1998 amendment to the deemer statute, contends that it is subject to t... More...    $0 (03-25-2003 - NJ)

Kathryn Buono et al. v. Michael Scalia et al.

Plaintiffs appeal from a December 7, 2001 summary judgment order dismissing their personal injury complaint. The action was brought on behalf of a child, Kathryn Buono, who was injured when Michael Scalia, then aged five years and nine months, struck her with the bicycle he was riding. Plaintiffs sued Michael on a theory of direct negligence and sued Michael's parents Alphonse and Lisa Scalia o... More...    $0 (03-11-2003 - NJ)

Ismael Negron v. Colonial Penn Insurance

Plaintiff, Ismael Negron, appeals from a Law Division order of April 19, 2002, that granted summary judgment to defendant, Colonial Penn Insurance Co., on his complaint for personal injury protection benefits (PIP) under the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35 (Act).

Negron was a passenger in a vehicle operated by his brother- in-law, Carlos Lucena,... More...    $0 (03-06-2003 - NJ)

Coalition for Quality Health Care, et al. v. New Jersey Department of Banking and Insurance

In this case, eight non-profit organizations of health care professionals appeal from the adoption of regulations by the Commissioner of Banking and Insurance (Commissioner): N.J.A.C. 11:3-29 Appendix, Exhibit 1; N.J.A.C. 11:3-29.4(m); and N.J.A.C. 11:3-29.4(o). Appellants argue that the Commissioner violated N.J.S.A. 39:6A-4.6 and acted outside the authority delegated to her under the statute ... More...    $0 (03-07-2003 - NJ)

Auto Lenders Acceptance Corporation v. Gentilini Ford, Inc.

Third-party defendants, Ohio Casualty Group of Insurance Companies, American West Fire and Casualty Company and West American Insurance Company, (Ohio Casualty Group) appeal a judgment in favor of defendant/third-party plaintiff, Gentilini Ford, in the amount of $191,206.83, representing damages suffered as a result of the dishonest acts of its former employee, Randy Carpenter. The loss originates... More...    $0 (03-05-2003 - NJ)

James Lobiondo v. Liam O'Callaghan, et al.

O'Callaghan and his wife, Robin, together own a house located at 850 Ocean Avenue in Sea Bright. The property is across the street from the ocean and the rear abuts the Shrewsbury River. The O'Callaghans also own a house in Princeton, where Mrs. O'Callaghan works for Educational Testing Service. Their two sons attended Christian Brothers Academy (CBA) in Lincroft and Mr. O'Callaghan lived at the S... More...    $0 (02-18-2003 - NJ)

Adrienne L. O’Toole, et ux. v. Paul J. Carr, et al.

Plaintiff, Adrienne L. O'Toole was injured in an automobile accident caused by defendant, Paul J. Carr, an attorney with the law firm of Murray & Carr. She sued Carr and the law firm. The facts surrounding the accident were described by the Appellate Division as follows:

Most of the particular circumstances are not in dispute. On January 8, 1998, the O'Tooles' vehicle was struck by Carr's vehi... More...    $0 (02-19-2003 - NJ)

Deborah President and Perry President v. Dr. Reginald Jenkins

In these consolidated appeals from an underlying medical malpractice action, we consider primarily whether the physician alleged to be negligent is covered under a "claims made" professional liability insurance policy issued by a successor insurer and, if not, whether the hospital where he enjoys admitting privileges has a duty to third parties to ensure that he is insured. We also consider wheth... More...    $0 (02-06-2003 - NJ)

Board of Chosen Freeholders of the County of Hudson v. County Executive of the Hudson, et al.

In this appeal we are called upon to consider whether the County Executive of Hudson County was required to seek the advice and consent of the Board of Chosen Freeholders of Hudson County ("Freeholders") prior to making appointments to the Board of Education of the Hudson County Schools of Technology ("Board of Education"). The trial court concluded that the County Executive was required to seek ... More...    $0 (02-03-2003 - NJ)

Jerome Edwards and Joseph Garofolo v. Prudential Property and Casuality Company et al.

Automobile general liability policies issued by the defendant insurance companies in this case contain a Compensation Provision, under which defendants agree to reimburse their insureds for out-of-pocket expenses incurred while the insureds attended court proceedings in a personal injury action defended by the insurers. In these consolidated appeals, the central issue is whether defendants have a... More...    $0 (01-21-2003 - NJ)

Jerome Edwards, et al. v. Prudential Property and Casualty Company, et al.

Automobile general liability policies issued by the defendant insurance companies in this case contain a Compensation Provision, under which defendants agree to reimburse their insureds for out-of-pocket expenses incurred while the insureds attended court proceedings in a personal injury action defended by the insurers. In these consolidated appeals, the central issue is whether defendants have an... More...    $0 (01-21-2003 - NJ)

Rider Insurance Company v. First Trenton Companies

This appeal arises out of Roy Jones's motorcycle accident with an unidentified vehicle. Three automobile insurance companies were potentially available to compensate Jones for his injuries caused by the uninsured motorist (UM). One of the potential insurers, First Trenton Indemnity Company, denied coverage based on a UM policy exclusion. In a declaratory judgment action, Judge William Wertheimer i... More...    $0 (10-30-2002 - NJ)

Rider Insurance Company v. First Trenton Companies

This appeal arises out of Roy Jones's motorcycle accident with an unidentified vehicle. Three automobile insurance companies were potentially available to compensate Jones for his injuries caused by the uninsured motorist (UM). One of the potential insurers, First Trenton Indemnity Company, denied coverage based on a UM policy exclusion. In a declaratory judgment action, Judge William Wertheimer ... More...    $0 (10-28-2002 - NJ)

Hobart Brothers Company v. National Union Fire Insurance Company

Plaintiff Hobart Brothers Company (Hobart) has appealed from trial court orders granting summary judgment to National Union Fire Insurance Company (National Union) and The Continental Insurance Company (Continental). The trial court entered these orders after it determined that plaintiff was precluded from continuing with this suit under the entire controversy doctrine. In addition to seeking to h... More...    $0 (09-19-2002 - NJ)

Mary Louise Elliott-Marine, et al. v. Jerald V. Campenella, et al.

In this wrongful death action, plaintiff, Mary Louise Elliott- Marine, as Administratrix of the estate of Clifford A. Elliott, appeals the Law Division judge's denial of her motion to confirm a private arbitration award and enter judgment with prejudgment interest and costs.

The litigation arose from the death of plaintiff's twenty-one year old son, Clifford Elliott ("Elliott"), from an... More...    $160000 (05-20-2002 - NJ)

Joseph Dare, et ux. v. Freefall Adventures, Inc., et al.

Plaintiff Joseph Dare was injured in a skydiving accident when he attempted to avoid colliding with defendant Eric Keith Johnson, a co-participant in the jump.See footnote 11 Prior to the jump, plaintiff signed a release/waiver agreement with the operator of the skydiving facility, defendant Freefall Adventures, Inc. (Freefall), under which plaintiff released Freefall from any claims for injuries ... More...    $0 (03-21-2002 - NJ)

Mary Azurak v. Corporate Property Investors t/a Ocean County Mall and Planned Building Services

In a pre-trial motion, the motion judge determined that defendant Planned Building Services (PBS) was required to indemnify defendant Corporate Property Investors (the Mall) for damages arising from the Mall's negligence as well as pay all defense costs. We conclude that the Mall is not entitled to indemnification for its own negligence under its indemnification provision absent "explicit contract... More...    $0 (02-07-2002 - NJ)

Mary Louise Elliott-Marine, et al. v. Jerald V. Campenella, et al.

In this wrongful death action, plaintiff, Mary Louise Elliott- Marine, as Administratrix of the estate of Clifford A. Elliott, appeals the Law Division judge's denial of her motion to confirm a private arbitration award and enter judgment with prejudgment interest and costs. * * *The litigation arose from the death of plaintiff's twenty-one year old son, Clifford Elliott ("Elliott"), from an alcoh... More...    $160000 (05-24-2002 - NJ)

Torres v.The Travelers Indemnity Company

The facts underlying this appeal are undisputed. On the morning of February 15, 1994, plaintiff Franklin Torres was working in his capacity as a warehouse manager for Cornell Surgical Company (Cornell). A UPS truck came to Cornell’s warehouse to drop off packages. Almost immediately after that truck left the warehouse, Torres discovered that a certain package was missing.

In accordance wit... More...    $0 (08-14-2001 - NJ)

Adrienne L. O'Tolle, et al. v. Paul J. Carr, et al.

This appeal is generated by an automobile accident caused by defendant Paul J. Carr while driving from his home to his municipal court judgeship employment. The accident victims sued not only Carr but the Murray and Carr law firm in which, at the time of the accident, Carr was a partner.See footnote 11 The law firm's alleged liability was premised upon principles of agency and respondeat superior ... More...    $0 (12-12-2001 - NJ)

Joseph J. Scullion v. State Farm Insurance Company

In this appeal, we are again confronted with an award of counsel fees in a sum grossly disproportionate to the amount in dispute. The genesis of the law suit that gives rise to the appeal is an accident that occurred on July 3, 1996, between a vehicle operated by defendant Sally Quinlan and owned by defendant Elliot Henslovitz and another unknown automobile. Plaintiff, Joseph J. Scullion, a pedest... More...    $0 (12-07-2001 - NJ)

Mantilla v. NC Mall Associates

In this appeal, the Court decides whether Newport Mall, the indemnitee under a contract between it and Planned Building Services, Inc. (PBS), which provided janitorial services to the mall, may be indemnified for legal expenses incurred in defending itself against a claim based on its own negligence.

On May 3, 1996, plaintiff, Carmen Mantilla, injured herself when she slipped and fel... More...    $0 (03-27-2001 - NJ)

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