New Jersey Supreme Court denies certification to Plaintiff and Chubb

September 17, 2014


Elizabeth Flanagan and Deborah Rothenberg Win UIM Appeal For New Jersey Manufacturers.  The Appellate Division recently reversed a trial court summary judgment decision that NJM was obligated to pay up to $1 million in UIM benefits to a woman injured in an auto accident in July 2006. After the accident, NJM denied the UIM claim because it had previously deleted the vehicle driven by the injured person from coverage under a commercial auto policy. The injured woman was insured as a family member under a Chubb personal auto policy. The appellate panel of Yanotti, Ashrafi and Leone reversed the trial court decision and dismissed all claims brought by Chubb and Chubb's insured against NJM. Chubb has since filed a petition for certification with the New Jersey Supreme Court which NJM has opposed. Betsy Flanagan argued the appeal on behalf of NJM. Deborah Rothenberg, Virginia B. Moran and Ms. Flanagan authored the appellate briefs. A copy of the unpublished appellate decision is attached to our website.

By order dated September 9, 2014, The New Jersey Supreme Court denied certification to Plaintiff and Chubb.  On behalf of NJM, we had opposed certification of the Appellate Division’s decision in our favor. The Appellate Division had reversed a decision against NJM entered  by Judge Paley on cross-motions for summary judgment. Judge Paley had decided that NJM and not Chubb would be required to pay up to $1 million in UIM coverage to plaintiff. The Appellate Division reversed Judge Paley’s decision and decided that Chubb rather than NJM should pay plaintiff’s underinsured motorist claim.    Congratulations to Virginia B. Moran, Esq., Debra H. Rothenberg, Esq. and Elizabeth C. Flanagan, Esq.