relative factors in New Jersey

2014Though sometimes phrased in terms of a search for "arbitrary, capricious or unreasonable" action, Campbell v. Dep't of Civil Serv., 39 N.J. 556, 562 (1963), the judicial role is restricted to three inquiries: (1) whether the agency's action violated the enabling act's express or implied legislative policies, (2) whether 31 A-2266-12T3 there was insubstantial evidence in the record to support the findings on which the agency based its actions, and (3) whether in applying the legislative policies to the facts, the agency clearly erred by reaching a conclusion that could not reasonably have been

1990Though sometimes phrased in terms of a search for "arbitrary, capricious or unreasonable" action, Campbell v. Department of Civil Serv., 39 N.J. 556, 562 , 189 A. 2d 712 (1963), the judicial role is restricted to three inquiries: (1) whether the agency's action violated the enabling act's express or implied legislative policies, (2) whether there was insubstantial evidence in the record to support the findings on which the agency based its actions, and (3) whether in applying the legislative policies to the facts, the agency clearly erred by reaching a conclusion that could not reasonably have

2014Ass'n v. Dep't of Cmty. Affairs, 186 N.J. 5, 16 (2006).

2003Therefore, at least under the circumstances before us, we conclude as a matter of New Jersey choice-of-law principles that, because the trial judge properly concluded that Rhode Island law governed the primary policy, the relative factors embodied in § 6 of the Restatement, as interpreted in Pfizer, supra, 154 N.J. at 198-99, 712 A. 2d 634 , requires the law of that state to also control the same issues with respect to the excess coverage during the period Zurich was the primary insurer.

2003Therefore, at least under the circumstances before us, we conclude as a matter of New Jersey choice-of-law principles that, because the trial judge properly concluded that Rhode Island law governed the primary policy, the relative factors embodied in § 6 of the Restatement, as interpreted in Pfizer, supra, 154 N.J. at 198-99, 712 A. 2d 634 , requires the law of that state to also control the same issues with respect to the excess coverage during the period Zurich was the primary insurer.

1992App. 3d 858, 862-63 , 33 Ill.Dec. 332, 336 , 396 N.E. 2d 859, 863 (App.Ct. 1979) are a good starting point: Relative factors are the age, health of the party, his motives in retiring, the timing of the retirement, his ability to pay maintenance even after retirement and the ability of the other spouse to provide for himself or herself.

1992App. 3d 858, 862-63 , 33 Ill.Dec. 332, 336 , 396 N.E. 2d 859, 863 (App.Ct. 1979) are a good starting point: Relative factors are the age, health of the party, his motives in retiring, the timing of the retirement, his ability to pay maintenance even after retirement and the ability of the other spouse to provide for himself or herself.