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- A-49-17 Opinionnjcourts.gov… an opinion may not have been summarized. Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A. (A-49-17) … N.J.S.A. 17B:24-1.1(b). In April 2007, Sun Life Assurance Company of Canada received an application for a $5 million … in the 4 life of the insured yet, from the outset, are the ultimate intended beneficiaries of the policy. That type of …
- A-43-17 Opinionnjcourts.gov… policy with defendant Allstate New Jersey Insurance Company (Allstate) that provided coverage for damages up to … amount that favors neither side -- is intended to give the competing parties the greatest incentive to reach agreement. … the practice of additur as constitutionally sound, it ultimately concluded that the trial judge’s additur of $7500 …
- A-26/27-17 Opinionnjcourts.gov… N.J.S.A. 2A:58C-4. That presumption provides pharmaceutical companies greater protection in New Jersey than in many … summary judgment, determining that plaintiffs failed to overcome the presumption of adequacy that attached to the … jurisdictions other than New Jersey. In light of our ultimate disposition, a state-by-state review of the court’s …
- A-67-16 Opinionnjcourts.gov… between fantasy and reality, and who was declared incompetent as a witness by the court, was permitted to testify pursuant to the incompetency proviso of N.J.R.E. 803(c)(27). The Court … of the recorded statement based on our evidence rules ultimately renders unnecessary the Appellate Division’s …
- A-66-16 Opinionnjcourts.gov… medical record turned over in discovery. Plaintiff filed a complaint alleging deviations from standards of medical care … legislation and hospital policy. Plaintiff made a motion to compel discovery of the identities of the CMH committee or … the related unredacted reports for in camera review; and, ultimately, disclosure of redacted versions to plaintiff. …
- A-63/64/65-16 Opinionnjcourts.gov… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … few days later at a family meeting, everyone present made a compact to keep the incident secret and to answer any … persons other than the actor, even if the match may ultimately lead investigators to the perpetrator of the …
- A-51-16 Opinionnjcourts.gov… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … few days later at a family meeting, everyone present made a compact to keep the incident secret and to answer any … persons other than the actor, even if the match may ultimately lead investigators to the perpetrator of the …
- A-48-16 Opinionnjcourts.gov… Kavanaugh, the initial zoning officer. The nub of Harz’s complaint is that she had to expend substantial funds to … Kavanaugh’s motion for summary judgment and dismissed the complaint. The Appellate Division affirmed except as to … procedures for processing Harz’s appeal, that deviation ultimately did not infringe on Harz’s right to have her …
- A-33/34-16 Opinionnjcourts.gov… Inn motel in Neptune City. She called the front desk to complain she had been bitten by bed bugs. The motel owner … of the tote bag. Whenever a defendant is charged with committing a possessory drug offense -- as in this case -- … had standing to challenge the search of a tote bag that ultimately proved to belong to another passenger. We …
- A-23-16 Opinionnjcourts.gov… seconds later, Officer Devlin opened the driver’s door and commanded that he step out of the vehicle. Defendant did so, … instructed defendant to show his hands, he was slow to comply. The two officers quickly patted defendant down, … U.S. Const. amend. IV; N.J. Const. art. I, ¶ 7. “[T]he ultimate touchstone of the Fourth Amendment is …
- A-70-13 Opinionnjcourts.gov… appeal is whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act … In December 2008, plaintiffs Allstate New Jersey Insurance Company and affiliated companies filed a 604- paragraph … system, and a verdict rendered by one’s peers is the ultimate validation in a democratic society. In determining …
- A-35-13 Opinionnjcourts.gov… occasions, and, on one occasion, Hill made inappropriate comments toward her and directed a female officer to … of sexual harassment, and plaintiff did not file a written complaint with the DOC. On March 8, 2010, the DOC’s Equal … several weeks and twenty interviews, the EED investigator ultimately concluded that plaintiff’s allegations were …
- A-25-13 Opinionnjcourts.gov… to N.J.S.A. 2C:43-6.4, which applies to individuals who commit an enumerated offense while serving parole … offense, he was serving a special sentencing condition of community supervision for life (CSL) stemming from a 1998 … nor change the ingredients of the offence or the ultimate facts necessary to establish guilt.’” Ibid. …
- A-54-12 Opinionnjcourts.gov… a UM claim against New Jersey Manufacturers Insurance Company (NJM), with whom he had an insurance policy that … rejecting that award. On April 28, 2005, plaintiff filed a complaint against NJM seeking UM benefits. Plaintiff’s … the Appellate Division. Although we concur with the panelʼs ultimate conclusion that plaintiff’s bad faith claim was …
- A-49-12 Opinionnjcourts.gov… member, Saccone receives a pension and other benefits in recompense for his service. His wife and son are entitled to … assistance, which is available only to individuals with incomes below a specified amount. Fearing that Anthony’s share … the income cap for various public assistance programs and ultimately harm his financial well- being. He alleges that …
- A-48-12 Opinionnjcourts.gov… well as his employer’s policy with Harleysville Insurance Company. Plaintiff filed a UM claim, which proceeded to … paid the award in full. In March 2011, plaintiff commenced a second action against NJM, asserting claims for … policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds[,]” …
- A-61-14 Opinionnjcourts.gov… records, which identify the phone numbers of all incoming and outgoing calls as well as the date, time, and … stating that, under State v. Hunt, 91 N.J. 338 (1982), a communications data warrant (CDW), which is the equivalent … Still, the judicial branch has the obligation and the ultimate responsibility to interpret the meaning of the …
- A-53-14 Opinionnjcourts.gov… a “tail policy.” In October 2012, Mortgage Grader filed a complaint against W&O, Olivo, and Ward alleging legal … court first determined that Mortgage Grader had failed to comply with the statutory requirement to serve an AOM on … Am. Title Ins. Co. v. Lawson, 177 N.J. 125, 139 (2003). Ultimately, we determined, “the rule helps to limit the …
- A-24-14 Opinionnjcourts.gov… the police, under certain circumstances, to intercept communications on a newly discovered telephone facility used … narcotics, the quality of the drugs, and related issues. Ultimately, the Task Force arrested twenty-four individuals; … the State’s wiretap law, provided they have otherwise fully complied with the statute. Going forward, law enforcement …
- A-22-14 Opinionnjcourts.gov… found that the Recall Statute struck an appropriate compromise and maintained the balance among the three … age of 70 years” in the Judicial Article “connotes (1) the compulsory abdication of a judicial office; (2) the … admonished, “it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the …