Monthly Archives April 2019

New Jersey Supreme Court Holds That Injured Motorists Cannot Recover PIP Benefits In Excess of Policy PIP Limits

In Haines v. Taft, the New Jersey Supreme Court considered whether injured motorists who chose the $15,000 insurance minimum for PIP benefits can seek admission of evidence regarding medical expenses in excess of the minimum amount. The Court examined whether the New Jersey Legislature intended to deviate from its highly regulated no-fault system of first-party self-insurance to cover medical expenses arising from automobile accidents when it amended the Automobile Insurance Cost Reduction Act (“AICRA”) to allow an insured to elect smaller amounts of PIP coverage. Finding that there was no evidence of a clear intent by the Legislature to deviate
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USDC for the Middle District of Florida Holds That A Policyholder Must First Prove Breach of the Policy Before Pursuing a Claim for Bad Faith

In Grey Oaks Country Club v. Zurich American Insurance Company, the District Court for the Middle District of Florida examined whether a policyholder could sustain a cause of action for bad faith against an insurer simultaneously with a coverage action. Relying on well-settled Florida case law, the court held that plaintiff’s bad faith claim was premature because a bad faith cause of action does not accrue until there is a determination of both liability and damages in the coverage case. Accordingly, plaintiff’s bad faith count was dismissed without prejudice. Grey Oaks Country Club brought suit against Zurich for damages to
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