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   State Courts - New Jersey - July 17, 2006

  
American Millennium Ins. Co. v. Berganza, DOCKET NO. A-5312-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 17, 2006, Decided
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Overview: Insurer had no right to deny its obligation to injured employee based on fraud committed by subcontractor who employed him until it cancelled the policy under N.J. Stat. Ann. § 34:15-81, as insurer that issued a backdated policy generally remained liable to an insured's employee even if employer committed fraud in the application for the insurance.

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Hojnowski v. Vans Skate Park, A-17/A-45 September Term 2005, SUPREME COURT OF NEW JERSEY, July 17, 2006, Decided
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Overview: Parent's agreement to arbitrate negligence claims against a skate park bound her minor child because public policy as expressed in New Jersey Arbitration Act favored arbitration, but her pre-injury release of minor's prospective tort claims against park was unenforceable as it violated court's parens patriae duty to protect minor's best interests.

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J.R. v. L.R., DOCKET NO. A-4471-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 17, 2006, Decided
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Overview: Court properly ordered genetic testing to determine child's paternity, as under New Jersey Parentage Act, N.J. Stat. Ann. §§ 9:17-38 to -59, fact that natural father was unaware of his 12-year-old daughter's existence until shortly before proceedings commenced and wanted nothing to do with her was insufficient to deny the application for testing.

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Potenzone v. Annin Flag Co., DOCKET NO. A-3267-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 17, 2006, Decided
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Overview: The amount of insurance coverage available under a commercial automobile policy's exclusion for loading and unloading activities was nullified as contrary to the omnibus automobile statute, N.J.S.A. 39:6B-1; however, an injured third party was entitled to the statutory minimum coverage of $ 15,000 instead of the face amount of the policy.

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State v. Castagna, A-13/A-14 September Term 2005, SUPREME COURT OF NEW JERSEY, July 17, 2006, Decided
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Overview: In homicide and assault prosecution, court's refusal to allow defendants to cross-examine witness about results of her polygraph test, which caused her to change her story, violated defendants' right to cross-examination under the Confrontation Clause; however, due to substantial evidence of their guilt from other eyewitnesses, error was harmless.

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