accident claim in New Jersey

2006Id. at 119 , 751 A. 2d 1047 .

2006Id. at 119 , 751 A. 2d 1047 .

1997It does so, first, by unconvincingly arguing that the 1992 constitutional amendment that overruled our decision in State v. Gerald, 113 N.J. 40, 69-92 , 549 A. 2d 792 (1988), and that validated application of the death penalty to serious-bodily-injury murder "mooted the Gerald issue that formed the *421 basis for the Mejia ultimate-outcome instruction." Ante at 377, 700 A. 2d at 331 .

1997It does so, first, by unconvincingly arguing that the 1992 constitutional amendment that overruled our decision in State v. Gerald, 113 N.J. 40, 69-92 , 549 A.2d 792 (1988), and that validated application of the death penalty to serious-bodily-injury murder “mooted the Gerald issue that formed the basis for the Mejia ultimate-outcome instruction.” Ante at 377, 700 A.2d at 331.

1997It does so, first, by unconvincingly arguing that the 1992 constitutional amendment that overruled our decision in State v. Gerald, 113 N.J. 40, 69-92 , 549 A.2d 792 (1988), and that validated application of the death penalty to serious-bodily-injury murder “mooted the Gerald issue that formed the basis for the Mejia ultimate-outcome instruction.” Ante at 377, 700 A.2d at 331.

1996N.J.S.A. 39:5-3 serves as a reasonable limitation on the issuance of summonses from municipal court in cases where a summons is not issued at the scene of an accident or violation---- An action founded on a motor vehicle violation requires a summons to be issued within 30 days where one is not issued at the scene of the incident.” Id. at 611 (emphasis added), 493 A.2d 645 .

1994Id. at 248-49 , 581 A. 2d 1368 .

1994Id. at 248-49 , 581 A. 2d 1368 .

1989Id. at 533-34 .

1989Id. at 533-34 .

1974In the absence of a "duty to protect" clause applicable to the uninsured motorist endorsement the court considers the towing and storage charges to have been naturally and proximately caused by the accident under the rule of Hintz v. Roberts, supra .

1968The court said: "The obvious object of the plaintiff in procuring this policy was indemnity against liability on tort claims growing from his operations as an excavator. * * * Except as particular provisions of the policy so curtail its scope that an ordinarily intelligent man would understand that the policy does not cover certain risks which come within its general scope — with that exception, the policy should be construed to cover all liability for accidents arising from plaintiff's operations, whether the accidents happened before or after the excavation job was finished. * * *" (at p. 29

1964Rothschild v. Title Guarantee and Trust Co., 204 N.Y. 458 , 97 N.E. 879 ; 41 L.R.A., N.S., 740." (22 N.Y.S., at p. 194) As previously detailed, Balter signed a non-waiver agreement on February 27, 1957 which authorized the carrier to investigate, negotiate, settle, deny or defend the accident claim without waiving its rights under the insurance contract.

1964Rothschild v. Title Guarantee and Trust Co., 204 N.Y. 458 , 97 N.E. 879 ; 41 L.R.A., N.S., 740." (22 N.Y.S., at p. 194) As previously detailed, Balter signed a non-waiver agreement on February 27, 1957 which authorized the carrier to investigate, negotiate, settle, deny or defend the accident claim without waiving its rights under the insurance contract.

1955MacPherson v. Buick Motor Co., 217 N.Y. 382, 385 , 111 N.E. 1050 , L.R.A. 1916 F, 696 ( Ct. App. 1916); Heckel v. Ford Motors Co., 101 N.J.L. 385, 387 ( E. & A. 1925); O'Donnell v. Asplundh ( supra ).

1955MacPherson v. Buick Motor Co., 217 N.Y. 382, 385 , 111 N.E. 1050 , L.R.A. 1916 F, 696 ( Ct. App. 1916); Heckel v. Ford Motors Co., 101 N.J.L. 385, 387 ( E. & A. 1925); O'Donnell v. Asplundh ( supra ).

1912In Berrigan v. New York, Lake Erie and Western Railroad, 131 N. Y. 582 , the rule is thus stated: “There is no proof, in the case that rules for such a case had ever been promulgated by any' other railroad eompanjq or that it was reasonable or practicable to provide against .the occurrence of such an accident by a rule.