Monthly Archives July 2023

NJ Trial Court Commits Plain Error in Failing to Make a Merits-Based Coverage Decision in Declaratory Judgment Claims Airing Out of Dog Bite Case

In a non-published opinion, the Appellate Division of the New Jersey Superior Court vacated a trial court’s dismissal of a plaintiff’s declaratory judgment against an insurer after conducting a de novo review and finding that the trial court committed plain error in entering summary judgment in favor of the insurer. As set forth below, the procedural background of Sanchez v. Fernandez is quite convoluted, but at the end of the day, the Appellate Court found that the trial court committed plain error in granting summary judgment to the insurer regarding coverage when issues of material fact existed. Plaintiff was injured
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