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Vol. 4 No. 77 – APRIL 23, 1996 STATE COURT CASES AUTOMOBILES – INSURANCE 5-2-8668 Alfred E. Taylor v. National Union Fire Insurance Co., App. Div. (11 pp.) An employee who is provided with a car by his employer for his personal use as part of his compensation package and is named as an insured in the employer’s policy covering that car is entitled to that policy’s underinsured motorist (UIM) coverage, and in the absence of a specified amount of coverage, the statutory ceiling is the amount of coverage. [Approved for publication April 23, 1996]. 5-2-8669 Selective Insurance Co. v. Paschall Truck Lines, Inc., App. Div. (4 pp.) Where PIP carrier paid claim and sought subrogation by bringing suit against out-of-state tortfeasors because of the absence of any enforceable mechanism to assert a direct claim against their carrier, suit will not be dismissed as time-barred and will be remanded for automobile arbitration with the carrier named as the respondent real party in interest. CIVIL PROCEDURE – APPEALS 7-2-8670 National Mortgage Co. v. Chrysler First Financial Services Corp., et al, App. Div. (7 pp.) Where appellant timely appealed from an order to enforce rights but sought to raise issues arising out of an earlier substantive order, the appeal was dismissed as untimely. COMMERCIAL TRANSACTIONS 8-2-8671 National Westminster Bank NJ v. Anders Engineering, Inc., et al, App. Div. (10 pp.)The Uniform Fraudulent Transfer Act does not, except with regard to insiders, modify substantially the protection that was given under the precursor Uniform Fraudulent Conveyance Act to good faith transferees for value regardless of whether the initial conveyance was actually or constructively fraudulent. [Approved for publication April 23, 1996]. LANDLORD/TENANT – ENTIRE CONTROVERSY 27-2-8672 Joseph Fischer v. Grace and Howard Heck, Law Div. (14 pp.)The original landlord remains liable to a tenant for repayment of a security deposit plus interest if the security deposit has not been turned over to the grantee or purchaser at a foreclosure sale or upon transfer of title. The tenant’s claim against the original landlord is not barred by the entire controversy doctrine since the original action was in Special Civil Part, a court of limited jurisdiction, and enforcement of the doctrine would be fundamentally unfair. [Approved for publication April 22, 1996] MUNICIPAL LAW – LANDLORD/TENANT 30-2-8673 Schulmann Realty Group v. Hazlet Township Rent Control Board, App. Div. (17 pp.) Municipal Rental Control Ordinance does not allow Board to award a hardship rent increase for only five years and only on condition that it not be included in the landlord’s base rent in future rent increase applications; such treatment is reserved only for major capital improvement surcharges. PUBLIC EMPLOYEES 33-2-8674 Stephen Walsh v. State of New Jersey, et al, App. Div. (20 pp.) Chief personnel officer of state agency had actual authority to make oral promise to promote plaintiff, an assistant deputy public defender. [Approved for publication April 23, 1996]. TAXATION – REAL ESTATE 35-2-8675 CGS Circle Co. v. City of Rahway, App. Div. (4 pp.) 1. The threat of condemnation should be recognized as depressing the value of commercial real property for ad valorem tax purposes. 2. Tax Court is not free, under Rule 8:8-1(b), to reject the parties’ stipulations of the proper assessments unless the public interest is harmed. TORTS 36-2-8676 Noreen Golinski, et al v. Henry Swider, et al, App. Div. (6 pp.) Although defendant property owner had no duty to warn plaintiff invitee about wet grass because it was a natural condition with obvious peril, defendants’ liability arises from the harm they should have anticipated plaintiff would suffer by virtue of the overgrown bush and debris which forced her off the path and onto the wet grass. 36-2-8677 Etta Nelson v. James Gallagher, et al, App. Div. (11 pp.) Verdict reversed where trial judge instructed jury that the life expectancy chart, being “made up by life insurance companies” when they “bet on your life” can be taken with “a grain of salt;” court may have conveyed to the jury that life expectancy and consequently permanent disability was not an issue in the case. FEDERAL COURT CASES LABOR & EMPLOYMENT – ARBITRATION & MEDIATION – SECURITIES 25-7-8678 In re: The Prudential Insurance Company of America Sales Practices Litigation, U.S. Dist. Ct. (59 pp.) U-4 Arbitration clauses signed by Prudential’s former sales agent employees encompassed employment disputes brought after the effective date of the 1993 amendment to the NASD Code, but because the employment issues arose out of allegedly fraudulent insurance business practices, they are exempted from arbitration. The collective bargaining agreement does not preempt claims for retaliatory discharge and emotional distress, but does preempt tortious interference and defamation claims. OPINION APPROVED FOR PUBLICATION – 11-7-8277 Liberty-Lincoln-Mercury, Inc. v. Ford Motor Co., U.S. Dist. Ct. (15 pp), reported in the March 22, 1996 Alert, has been released for publication. Editor’s Note: Additional state court opinions released today will be digested tomorrow. A Daily Reporter of N.J. Court Decisions

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