Skeete v. Dorvius

845 A.2d 1265, 368 N.J. Super. 311
CourtNew Jersey Superior Court Appellate Division
DecidedApril 6, 2004
StatusPublished
Cited by9 cases

This text of 845 A.2d 1265 (Skeete v. Dorvius) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skeete v. Dorvius, 845 A.2d 1265, 368 N.J. Super. 311 (N.J. Ct. App. 2004).

Opinion

845 A.2d 1265 (2004)
368 N.J. Super. 311

Shedrack SKEETE, Plaintiff-Appellant,
v.
Chaisner DORVIUS, Louise Taylor, Queenie W. Thomas, John Does 1-3 (fictitious person/entity), Richard Roe 1-3 (fictitious person/entity), and ABC Insurance Company (fictitious person/entity), Defendants, and
Prudential Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Argued March 16, 2004.
Decided April 6, 2004.

*1266 Martin H. Cowen, Newark, argued the cause for appellant (Slavitt & Cowen, attorneys; Ronald G. Schecter, on the brief).

John M. Kearney argued the cause for respondent (Sellar Richardson, attorneys; Mr. Kearney and Jill Roth, on the brief).

Before Judges ALLEY, PARKER and R.B. COLEMAN.[1]

The opinion of the court was delivered by PARKER, J.A.D.

This case involves an auto insurance policy issued by Prudential Insurance Company (Prudential) and subsequently amended to include a step-down in uninsured/underinsured motorists (UM/UIM) coverage. Plaintiff and Prudential cross-moved for summary judgment on the UIM coverage issue. Plaintiff's motion was denied and Prudential's motion was granted dismissing plaintiff's claim. We reverse and remand.

On June 5, 2000, plaintiff was a passenger in a vehicle owned and operated by Queenie Thomas and insured by Prudential. Thomas' vehicle was struck by a vehicle owned and operated by defendant Chaisner Dorvius. Plaintiff, who was seriously injured, instituted suit against Dorvius, which was tried to a jury on the issue of liability. The jury rendered a verdict in favor of plaintiff, but Dorvius' insurance policy was limited to $25,000/$50,000. The Dorvius policy was insufficient to cover plaintiff's injuries and plaintiff settled for the policy amount with notice to and authorization from Prudential.

Plaintiff did not own a motor vehicle, have auto insurance, reside with Thomas or in a household where any member had auto insurance coverage. Plaintiff, therefore, was entitled to Personal Injury Protection (PIP) and UIM coverage through Thomas' Prudential policy. Prudential paid certain medical bills under the PIP coverage in Thomas' policy, but declined to honor plaintiff's claim for UIM benefits.

When the complaint was dismissed, plaintiff appealed, arguing (1) the doctrine of reasonable expectations mandates coverage in the amount of $100,000/$300,000; and (2) the UM/UIM step-down provision should be set aside because Prudential did not act in good faith and fair dealing in notifying Thomas of the policy change. Defendant responds, arguing that (1) there is no ambiguity in the step-down provision; *1267 and (2) Prudential complied with all regulations in notifying Thomas of the policy changes.

Thomas initially obtained the Prudential policy in June 1997. She specifically elected UM/UIM coverage in the amount of $100,000/$300,000, and paid an additional premium of $23 for it. On her application for the policy, she stated "there are no additional driver or non-driver relatives living with me. I am the only person at home." At six-month intervals, Thomas received policy renewals with the same UM/UIM coverage shown on the declaration page.

On May 25, 1999, Thomas received two packages of material from Prudential. The first package of eighty-three pages advised of changes in the policy as a result of the Auto Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-1.1. The second package, also dated May 25, 1999, contained another thirty pages of material. The 113 pages in the two May 25 packages included a New Standard Auto Policy Booklet Parts 1, 2, 3, 4, a separate Part 5, a renewal declaration page, a bill, insurance identification cards, Notice of Policy Changes, PIP Pre-Certification Requirements, Endorsements PAC 4220 and PAC 236, standard coverage selection forms, a Buyer's Guide, and Rating Information Form. A cover letter included with the May 25, 1999 materials stated:

This renewal offer includes important policy changes and the rate reduction mandated by the 1998 Automobile Cost Reduction Act.... Significant changes have been made to your policy. We have enclosed an Important Notice to New Jersey policy holders which highlights the changes and how they will affect your policy. We have also included a detailed summary of the Personal Injury Protection (PIP) pre-certification requirements under your Prudential automobile policy. We urge you to carefully read these important notices, along with your policy booklets for a complete examination of the changes.

The declaration page in the eighty-three page package stated coverage, limits and premiums:

Uninsured Motorists-Bodily Injury
Each Person $100,000
Each Accident $300,000

The premium was $21 for that coverage, a $2 reduction consistent with the notice that the policy was being re-rated as required by AICRA.

In Part 4, page 22, of the New Standard Policy Booklet was the first mention of the step-down in UM/UIM coverage. The section stated:

PART 4 UNINSURED/UNDERINSURED MOTORISTS COVERAGE:
If you've paid for this coverage, we will pay up to our limit of our liability shown on the Declarations for Uninsured Motorists Coverage and Underinsured Motorists Coverage for bodily injury that a Named Insured or Resident Relative is legally entitled to recover from an uninsured motor vehicle or underinsured motor vehicle as described below.
A Resident Relative who is a named insured on a Basic Auto Policy is not eligible to recover Uninsured or Underinsured Motorist benefits under this policy. Additional Insureds as described in this part are also covered, but only up to a limit of $15,000 per person/$30,000 per occurrence. Coverage is subject to the Uninsured and Underinsured Motor Vehicle definitions.
Coverage is subject to the Uninsured and Underinsured Motor Vehicle definitions.

....

Underinsured Motor Vehicle means the following:
1. With respect to an insured who:
*1268 Is not the named insured under this policy; and
Is a named insured under one or more other policies providing similar coverage;
underinsured motor vehicle means a land motor vehicle or trailer of any type to which a liability bond or policy applies at the time of the accident but its limit for liability is less than the highest applicable limit of liability under any insurance providing coverage to that insured as a named insured.
2. With respect to an insured who:
Is not the named insured under this policy or any other policy; and Is insured as a spouse or family member under one or more other policies providing similar coverage; underinsured motor vehicle means a land motor vehicle or trailer of any type to which a liability bond or policy applies at the time of the accident but its limit for liability is less than the highest applicable limit of liability under any insurance providing coverage to that insured as a spouse or family member.

3. With respect to any other insured not described in Paragraphs 1. or 2. above, underinsured motor vehicle means a land motor vehicle or trailer of any type to which a liability bond or policy applies at the time of the accident but its limit for liability is less than the limit of liability for this coverage.

Part 4 also contained a section addressing the settlement of claims. In relevant part, the section states:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hand v. Philadelphia Ins. Co.
973 A.2d 973 (New Jersey Superior Court App Division, 2009)
New Jersey Citizens United Reciprocal Exchange v. American International Insurance
913 A.2d 821 (New Jersey Superior Court App Division, 2006)
Nj Cure v. Aiic of Nj
913 A.2d 821 (New Jersey Superior Court App Division, 2006)
Morrison v. AMERICAN INTERN. INS.
887 A.2d 166 (New Jersey Superior Court App Division, 2005)
Skeete v. Dorvius
875 A.2d 859 (Supreme Court of New Jersey, 2005)
McClellan v. Feit
870 A.2d 644 (New Jersey Superior Court App Division, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
845 A.2d 1265, 368 N.J. Super. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skeete-v-dorvius-njsuperctappdiv-2004.