New Jersey
Exclusion Not on Declarations Page Ruled Unenforceable ‘Hidden Trap’ in New Jersey
A 3-judge New Jersey Superior Courtroom appellate panel has dominated that an intra-family legal responsibility exclusion in a Vacationers (St. Paul) auto insurance coverage coverage quantities to a “hidden pitfall” and is unenforceable as a result of it was not cited on the coverage’s declarations web page.
Whereas not discovering the exclusion itself ambiguous, the judges mentioned a “clearly worded exclusion can nonetheless perform as a hidden lure if the rest of the coverage, and notably the declarations sheet, would lead an affordable policyholder to count on completely different protection.”
The declarations sheet clearly acknowledged that plaintiff, who was severely injured as a passenger in an insured automobile pushed by her husband, had $100,000/$300,000 legal responsibility limits. Nothing on this web page referred by cross-reference or in any other case to the listing of exclusions. The plaintiff – and, the court docket famous, even the skilled claims adjuster in an preliminary misguided provide—assumed the plaintiff had a $100,000 coverage restrict; nonetheless. the step-down meant she solely had $15,000, the minimal acknowledged by New Jersey legislation.
“It by no means knowledgeable plaintiff the coverage was topic to any exclusions underneath which an insured wouldn’t be lined within the full quantity listed on the declarations pages,” the court docket acknowledged of the coverage.
The decrease Hudson County court docket decide had discovered the step-down exclusionary clause “to be patently unfair and in opposition to public coverage.”
Whereas the appellate judges didn’t rule on the exclusion itself, they did describe it as “troubling” as a result of, they mentioned, most auto coverage purchasers within the state seemingly assume that “an injured member of the family passenger in an insured auto would take pleasure in the total coverage limits bought and could be shocked to be taught in any other case.”
The judges posited that this exclusion would imply a toddler severely injured in an accident attributable to the parent-driver’s negligence might recuperate solely $15,000 in private harm damages underneath a $100,000/$300,000 coverage as on this case, whereas the kid’s good friend sitting subsequent to her and likewise severely injured might recuperate the $100,000 coverage limits.
“The step-down in protection and advantages is so opposite to the affordable expectations of the everyday auto policyholder in mild of the declarations sheet that we are going to not implement it,” the judges concluded.
The plaintiff, Cristina Dela Vega, was severely injured within the accident, exhausting the whole lot of the $250,000 private harm safety (PIP) advantages out there to her underneath the St. Paul coverage. Dela Vega testified that she consciously selected the $100,000 legal responsibility limits.
4 months after the accident, a St. Paul claims adjuster provided the plaintiff the $100,000 legal responsibility restrict on the couple’s $100,000/$300,000 coverage. 4 months later, the adjuster rescinded the provide, advising the corporate had “made an unlucky mistake” and after additional evaluation decided the coverage would solely “afford a bodily harm legal responsibility advantage of as much as $15,000, and less.”
The adjuster defined she’d provided what she “incorrectly assumed” had been the $100,000 legal responsibility limits of the coverage to settle this declare pre-suit as a result of the corporate had already paid $250,000 in PIP advantages for plaintiff’s medical therapy and “legal responsibility appeared clear.” The adjuster claimed, in making the provide, that she had relied on her “expertise adjusting auto legal responsibility claims” and hadn’t truly learn plaintiff’s coverage.
The judges commented that prior rulings made clear that insureds “shouldn’t be subjected to technical encumbrances or to hidden pitfalls and their insurance policies ought to be construed liberally of their favor to the top that protection is afforded ‘to the total extent that any honest interpretation will permit.’”
The case is Dela Vega v. The Vacationers Insurance coverage Co.
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New Jersey
N.J. declares state of emergency for entire state due to snow, winter storm Sunday
A state of emergency has been declared for New Jersey starting at 8 a.m. Sunday due to a winter storm expected to hit parts of northern New Jersey with 6 to 8 inches of snow.
Gov. Phil Murphy made the announcement Saturday night ahead of the storm, which is expected to start Sunday morning and continue all day.
The state of emergency is statewide. Most of northern New Jersey will see at least 4 inches of snow, according to the weather service.
Winter weather warnings have been issued for parts of eight counties – Bergen, Essex, Hunterdon, Morris, Passaic, Sussex, Union and Warren. Parts of 10 counties are also under lesser winter weather advisories.
Snowfall rates of more than 1 inch per hour are expected Sunday afternoon at the peak of the storm.
“Beginning tomorrow morning, we are expecting a winter storm to bring heavy snow, followed by dangerously low temperatures expected on Monday and continuing through Wednesday,” Murphy said in a statement Saturday night. “As always, I urge all New Jerseyans to use caution, follow all safety protocols, and remain off the roads unless absolutely necessary.”
In addition to the state of emergency, the New Jersey Department of Transportation has issued a commercial vehicle travel restriction on multiple interstate highways across the state beginning Sunday at 9 a.m.
The restriction will be in place until further notice in both directions for I-76, I-78, I-80, I-195, I-280, I-287, I-295, I-676 and NJ Route 440, from the Outerbridge Crossing to I-287.
The latest forecast map issued by the National Weather Service shows a wide area of 6 to 8 inches of snow expected in northwestern New Jersey. There’s a chance for 10 inches in some spots in Sussex County.
Lower snowfall totals are expected southern New Jersey, where rain could mix with freezing rain and snow.
States of emergencies do not ban people from the roads or require them to shelter in place. Instead, they allow the state to organize its emergency response, trigger laws to prevent price gouging, and more.
Thank you for relying on us to provide the local weather news you can trust. Please consider supporting NJ.com with a voluntary subscription.
New Jersey
Surprising reason why this Democrat is attending Trump’s inauguration
At least one big-name New Jersey Democrat will travel to D.C. for Donald Trump’s inauguration Monday.
Gov. Phil Murphy said he will be on hand to watch Trump take the oath of office a second time. That‘s even as several other top members of his party from across the country are skipping the event.
Murphy this week was asked to explain his decision compared to Democrats who feel their attendance would validate the Republican former and future president over Jan. 6 and other polarizing views and policies.
The governor said what convinced him to go was Joe Biden’s inauguration in 2020. Murphy said he and First Lady Tammy Murphy went and were surprised to see who was among the crowd.
“It was socially distanced, so it was not like your normal tableau,” Murphy told reporters at the Statehouse in Trenton on Monday. “We were struck by the amount of Republican governors who showed up. And not just by how many but who they were. Kristi Noem (of South Dakota), Doug Burgum (of North Dakota), Doug Ducey (of Arizona), Asa Hutchison (of Arkansas).
“It’s the right thing to do no matter all of the challenges and issues with Trump … and frankly, the big one to me is I just can’t believe the American people have given him a pass on denying that he lost four years ago. Still, I believe with all my heart it is still the right thing to do for the country and for the office.”
Democrats have cited numerous reasons for ditching Trump’s swearing-in Monday, whether it being the lingering uneasiness of Jan. 6, because the event is being held on Martin Luther King Day, or out of fear for their safety. Others have not said why they won’t be there.
The inauguration, usually held outside the U.S. Capitol, will instead be inside Monday because of freezing temperatures.
Murphy and Trump have long had a kind of love-hate relationship. The governor has repeatedly criticized Trump and fought his policies on immigration, guns, and taxes in court.
Still, the two collaborated on COVID-19 response and the Gateway Tunnel project during Trump’s first term. Murphy also visited Trump at his Bedminster golf club last summer after the assassination attempt on the ex-president. Then, after Trump won back the White House in November — and performed better than expected in blue New Jersey — Murphy said he got a phone call from Trump.
Murphy notes by the time he leaves office next January, he is the Democratic governor who will have served the longest under a Trump presidency, coming into office a year into Trump’s first term and exiting a year into his second.
That, Murphy argues, gives him a good perspective on how to handle Trump, even as Democrat sound alarms over what may happen to undocumented immigrants and reproductive rights under his new tenure. The governor has said he will “fight like hell” against Trump on some issues and try to find “common ground” on others.
That’s similar to stances that other Democratic governors have taken on Trump, who is famous for enjoying praise as much as he enjoys dishing out insults.
“I will never back away from partnering with the Trump administration where our priorities align,” Murphy said Tuesday during his latest State of the State address. “But just as importantly, I will never back down from defending our New Jersey values — if and when they are tested.”
To that end, Murphy said during the speech New Jersey will join other blue states in stockpiling a supply of medication used in abortions.
Thank you for relying on us to provide the local news you can trust. Please consider supporting NJ.com with a voluntary subscription.
Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him on X at @johnsb01.
New Jersey
New Jersey Titans pull ahead in the third to defeat Maryland Black Bears – The Rink Live
The New Jersey Titans were victorious against the Maryland Black Bears on Friday, Jan. 16, 2025 at Middletown Ice World Arena.
After two periods, the teams were tied at 0, but New Jersey pulled away in the third, winning the game 2-0.
The Titans first took the lead early in the third period, with a goal from Owen Leahy, assisted by
James Schneid
and
Blake Jones
.
The Titans increased the lead to 2-0 with 52 seconds remaining of the third after a goal from James Schneid, assisted by
Nikita Meshcheryakov
and
Ryan Friedman
.
Next up:
The teams play again on Saturday, Jan. 18, 2025 at 6 p.m. CST at Middletown Ice World Arena.
Read more NAHL coverage
Automated articles produced by United Robots on behalf of The Rink Live.
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