Childs v. N.J. Manufacturers Ins. Co.

11 Citing cases

  1. Childs v. New Jersey Mfrs. Ins. Co.

    108 N.J. 506 (N.J. 1987)   Cited 16 times
    Favoring pro tanto credit in cases where defendant settled and plaintiff subsequently sought uninsured motorist coverage

    Our use hereafter of "plaintiff" is in reference to Nicholas, the injured plaintiff. As recited in the opinion of the Appellate Division, 199 N.J. Super. 441 (1985), the essential facts of the dispute before us are as follows: In 1979 plaintiff was a passenger in a vehicle operated by Claus Rademacher, and owned by his father, Robert Rademacher. Claus Rademacher, in order to avoid a collision with an unidentified vehicle, had swerved his car, causing it to be hit by a third vehicle driven by Christopher Milowic and owned by his father, Walter Milowic. Plaintiff was injured in the collision between the Rademacher and Milowic vehicles.

  2. Prudential v. Continental Ins. Co.

    233 N.J. Super. 259 (App. Div. 1989)   Cited 1 times

    As the Supreme Court noted in Lundy, the claimant as a named insured was protected by UM coverage both for an accident in which the claimant occupied a covered car, but also for an accident respecting any car in which the named insured was injured by an uninsured driver. See also Motor Club of America Ins. Co. v. Phillips, 66 N.J. 277 at 282 (1974); Childs v. New Jersey Manufacturers Ins. Co., 199 N.J. Super. 441 at 449 (1985). The exact provisions of the Lundy policy are not contained in the opinion, except the reference to the claimant as an "additional insured."

  3. Childs v. New Jersey Manufacturers Insurance Company

    501 A.2d 941 (N.J. 1985)

    Petition for certification granted. (See 199 N.J. Super. 441)

  4. Taddei v. State Farm Indemnity Co.

    401 N.J. Super. 449 (App. Div. 2008)   Cited 31 times
    Rejecting a "plaintiff's argument that because the jury can not be told about insurance in the trial of the UM case, . . . the claims can not be brought in the same action."

    Finally, we address plaintiff's argument that the judge erred in not awarding prejudgment interest. Prejudgment interest in UM cases is allowable on the same terms and conditions as permitted in similar contract actions. Derfuss v. N.J. Mfrs. Ins. Co., 285 N.J.Super. 125, 135, 666 A.2d 599 (App.Div. 1995); Childs v. N.J. Mfrs. Ins. Co., 199 N.J.Super. 441, 452, 489 A.2d 1203 (App.Div. 1985), rev'd on other grounds, 108 N.J. 506, 531 A.2d 723 (1987). Thus, prejudgment interest may be awarded on contract actions in accordance with equitable principles. Pressler, Current N.J. Court Rules, comment on R. 4:42-11 (2008).

  5. Martellio Jr. v. Burbank

    341 N.J. Super. 520 (App. Div. 2001)   Cited 1 times

    Since Rivers was decided, there has been a succession of cases acknowledging that prejudgment interest may be awarded in UM cases premised on equitable principles. See Derfuss, supra, 285 N.J. Super. at 135; Childs v. New Jersey Mfrs. Ins. Co., 199 N.J. Super. 441, 452 (App.Div. 1985), rev'd on other grounds, 108 N.J. 506 (1987). Thus, Rivers, supra, implicitly held that prejudgment interest was a component of the insured's damage award if equitable considerations warranted it. 192 N.J. Super. at 359.

  6. Barnett v. Prudential Property & Casualty Insurance

    304 N.J. Super. 573 (App. Div. 1997)   Cited 6 times
    Stating that claimant must qualify as an insured to receive UIM benefits

    E.g., New Jersey Mfrs. Ins. Co. v. Breen, 297 N.J. Super. 503, 516-17, 688 A.2d 647 (App.Div.), certif. granted, 149 N.J. 408, 694 A.2d 194 (1997) ("[a]n action to collect under the underinsured motorist coverage of a New Jersey automobile policy is not within the category of suits in which R. 4:42-9(a)(6) permits an attorney's fee to be awarded."); Goodwin v. Rutgers Cas. Ins. Co., 223 N.J. Super. 195, 199, 538 A.2d 425 (App.Div. 1988); Childs v. New Jersey Mfrs. Ins. Co., 199 N.J. Super. 441, 451-52, 489 A.2d 1203 (App.Div. 1985), rev'd on other grounds, 108 N.J. 506, 531 A.2d 723 (1987). II

  7. Cuevas v. Allstate Ins. Co.

    234 N.J. Super. 461 (Law Div. 1988)   Cited 5 times
    In Cuevas, supra, the driver of an automobile and four passengers were injured in an accident caused by a hit and run driver.

    Finally, the plaintiffs argue that they are entitled to attorney's fees, prejudgment interest and costs. These same issues were addressed by the Appellate Division in Childs v. N.J. Manufacturers Ins. Co., 199 N.J. Super. 441 (App.Div. 198 5), rev'd on other grounds, 108 N.J. 506 (1987). For the reason set forth in Childs id. at 452, this court disallows attorney's fees and awards costs and prejudgment interest calculated in accordance with R. 4:42-11(a)ii from the date of the arbitration award.

  8. Goodwin v. Rutgers Cas. Ins. Co.

    223 N.J. Super. 195 (App. Div. 1988)   Cited 5 times
    Holding that a UM carrier wrongfully withheld UM benefits from its insured, on the ground that the self-insured owner of the tortfeasor vehicle was in a bankruptcy reorganization, because the Legislature probably intended an insolvent self-insurer to be treated the same way as a traditional insurer

    This was neither an action on a liability nor an indemnity policy within the meaning of that rule. See Childs v. N.J. Mfrs. Ins. Co., 199 N.J. Super. 441, 451-452 (App.Div. 1985), rev'd on other grounds 108 N.J. 506 (1987); Enright v. Lubow, 215 N.J. Super. 306, 311 (App.Div. 1987), certif. den. 104 N.J. 376 (1986).

  9. Guarantee Ins. Co. v. Saltman

    217 N.J. Super. 604 (App. Div. 1987)   Cited 29 times
    Rejecting contention "that defendants, having executed upon and obtained satisfaction of the judgment . . . [were] estopped from pursing [an] appeal" for additional attorneys' fees

    See Vesley v. Cambridge Mut. Ins. Co., 189 N.J. Super. 521 (App.Div. 1981) (suit for fire casualty loss under a homeowner's policy — no counsel fees), affirmed by an equally divided Court 93 N.J. 323 (1983). See also Ellmex Const. Co., Inc. v. Republic Ins. Co., 202 N.J. Super. 195 (App.Div. 1985) (action on a builder's risk policy for loss incurred by vandalism — no counsel fees); Childs v. N.J. Manufacturers Ins. Co., 199 N.J. Super. 441 (App.Div. 198 5) (suit for uninsured motorist coverage — direct action — no counsel fees); Meier v. New Jersey Life Ins. Co., 195 N.J. Super. 478, 489 (App.Div. 1984) (direct action on a life insurance policy by the owner and beneficiary — no counsel fees); Miller v. N.J. Ins. Underwriting Ass'n, 188 N.J. Super. 175, 194, certif. den. 94 N.J. 508 (1983) (direct action upon a fire insurance policy — no counsel fees); Kistler v. N.J. Mfts. Ins. Co., supra (action on an automobile liability policy for collision coverage — no counsel fees); see Foley Machinery Co. v. Amland Contractors, Inc., 209 N.J. Super. 70 (App.Div. 198 6) (suit on theft of machinery); Great Southwest Fire Ins. Co. v. Gonzales, 201 N.J. Super. 361 (App.Div. 1985) (suit for theft of front end motor); Enright v. Lubow, 202 N.J. Super. 58 (App.Div. 1985) (suit on title insurance policy); Regino v. Aetna Cas. Sur. Co., 200 N.J. Super. 94 (App.Div. 198 5) (suit for theft of front end motor)

  10. Enright v. Lubow

    215 N.J. Super. 306 (App. Div. 1985)   Cited 59 times
    Denying award of plaintiff's counsel fees in first party claim against insurance company

    Vesley v. Cambridge Mut. Ins. Co., 189 N.J. Super. 521 (App.Div. 1981) (suit for fire casualty loss under a homeowner's policy — no counsel fees), affirmed by an equally divided Court, 93 N.J. 323 (1983). See also Ellmex Const. Co., Inc. v. Republic Ins. Co., 202 N.J. Super. 195 (App.Div. 1985) (action on a builder's risk policy for loss incurred by vandalism — no counsel fees); Childs v. N.J. Manufacturers Ins. Co., 199 N.J. Super. 441 (App.Div. 198 5) (suit for uninsured motorist coverage — direct action — no counsel fees); Meier v. New Jersey Life Ins. Co., 195 N.J. Super. 478, 489 (App.Div. 1984) (direct action on a life insurance policy by the owner and beneficiary — no counsel fees); Miller v. N.J. Ins. Underwriting Ass'n, 188 N.J. Super. 175, 194 (App.Div. 1983) (direct action upon a fire insurance policy — no counsel fees); and Kistler v. N.J. Life Ins. Co., supra (action on an automobile liability policy for collision coverage — no counsel fees). On the other hand, cases have supported an award of counsel fees in a direct action by an insured against the insurance carrier.