Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Declaratory Judgment facts


Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what New Jersey insurance law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseylemon.com.

NEW JERSEY DECLARATORY JUDGMENT INSURANCE FAQS

WHAT IS A NEW JERSEY DECLARATORY JUDGMENT INSURANCE CASE?
A New Jersey declaratory judgment insurance case is a “contract” case brought by a New Jersey insurance case plaintiff or New Jersey insurance case defendant with a New Jersey insurance policy (an “insured”) claiming that their New Jersey insurance company failed to honor the terms of the New Jersey insurance case plaintiffs or New Jersey insurance case defendants’ New Jersey insurance contract and/or demanding that the New Jersey insurance company pay a New Jersey insurance claim brought, a case brought or judgment entered against a New Jersey insured or defend the New Jersey insured in a case. New Jersey declaratory judgment actions were unknown at common law. In New Jersey, the New Jersey Uniform Declaratory Judgments Act governs the right to declaratory relief.

WHAT IS A NEW JERSEY “CONTRACT” CASE?
There are two types of New Jersey civil cases in New Jersey – “tort” cases and “contract” cases. A New Jersey “tort” case is a category or type of case other than one based upon a New Jersey insurance contract or is outside a New Jersey insurance contract’s terms. A New Jersey declaratory judgment insurance case is a “contract” case when the New Jersey insurance case plaintiffs or New Jersey insurance case defendants involved in the New Jersey insurance declaratory judgment case have some type of contract with one another and when the dispute falls inside the New Jersey insurance contract’s terms.

WHO IS THE NEW JERSEY DECLARATORY JUDGMENT INSURANCE PLAINTIFF IN A NEW JERSEY DECLARATORY JUDGMENT INSURANCE CASE?
A “plaintiff” is usually the New Jersey insured, New Jersey person or New Jersey company that files the New Jersey declaratory judgment insurance case.

WHO IS A DEFENDANT IN A NEW JERSEY DECLARATORY JUDGMENT INSURANCE CASE?
A “defendant” is usually the New Jersey insurance company that is sued in a New Jersey declaratory judgment insurance case. But in some New Jersey insurance declaratory judgment cases, a defendant insured may file a New Jersey insurance counterclaim that starts the New Jersey declaratory judgment insurance case.

INTERPRETATION OF NEW JERSEY INSURANCE CONTRACTS GENERALLY
A New Jersey insurance company is only responsible to cover risks bargained for in the New Jersey insurance contract. New Jersey insurance contracts are contracts of adhesion between parties who are not equally situated – the New Jersey insurance company usually is in the superior position. Therefore, courts will closely examine the terms of New Jersey insurance policies to avoid injury to the public. If the New Jersey insurance contract is ambiguous and could be construed either for the New Jersey insured or for a New Jersey insurance company, the terms of the New Jersey insurance policy will generally be construed in favor of the New Jersey insured, the non-drafting party, as providing the coverage sought.

New Jersey insurance coverage is read broadly and exclusions narrowly, all in an effort to meet the reasonable expectations of the New Jersey insured. The New Jersey reasonable expectations insurance doctrine is applied to all forms of New Jersey insurance contracts. The New Jersey insured's reasonable expectations in the transaction may not justly be frustrated and New Jersey courts have properly molded their governing interpretative principles with that uppermost in mind. New Jersey courts recognize the importance of construing contracts of New Jersey insurance to reflect the reasonable expectations of the New Jersey insured in the face of ambiguous language and phrasing and in exceptional circumstances, when the literal meaning of the New Jersey insurance policy is plain. At times, even an unambiguous contract has been interpreted contrary to its plain meaning so as to fulfill the reasonable expectations of the New Jersey insured

However, a court reviewing the terms and conditions of a New Jersey insurance policy should give the New Jersey insurance policy's words their plain, ordinary meaning. If the terms of the New Jersey insurance policy are clear and unambiguous, the New Jersey court should interpret the New Jersey insurance policy as written and avoid writing a better insurance policy than the one purchased. Thus, a New Jersey insurance contract is only considered ambiguous where the phrasing of the New Jersey insurance policy is so confusing that the average New Jersey insured cannot make out the boundaries of coverage.

A New Jersey insurance policy is not considered ambiguous merely because two conflicting interpretations of it are suggested by the New Jersey insured and New Jersey insurance company. Not every far-fetched interpretation of a New Jersey insurance policy will be sufficient to create an ambiguity requiring coverage. When interpreting the New Jersey insurance policy, the New Jersey court should be guided by the plain language of the New Jersey insurance policy and should not torture the language used to create ambiguities. if the expressed language of the New Jersey insurance policy is clear and unambiguous, the New Jersey court enforces the New Jersey insurance policy as it is written.

Further, when a New Jersey insured purchases an original New Jersey insurance policy, the New Jersey insured may be expected to read it and New Jersey insurance law may fairly impose upon the New Jersey insured such restrictions, conditions and limitations as the average insured would ascertain from such reading. Thus, the New Jersey insured is chargeable with knowledge of the contents of the New Jersey insurance policy in the absence of fraud or inequitable conduct on the part of the New Jersey insurance company.

THE NEW JERSEY INSURANCE COMPANY’S DUTY TO PROVIDE COVERAGE AND DEFENSE UNDER AN INSURANCE POLICY AND COVERAGE DISPUTES GENERALLY
A New Jersey insured who asserts a New Jersey insurance claim under a New Jersey insurance policy has the initial burden of bringing the New Jersey insurance claim within the basic terms of the New Jersey insurance policy. But a New Jersey insurance company seeking to establish an affirmative defense to a New Jersey insurance claim has the burden to bring the New Jersey insurance declaratory judgment case within a specific policy exclusion. While New Jersey insurance coverage clauses should be interpreted liberally, New Jersey insurance exclusionary clauses are strictly construed..

Since a New Jersey insurance company is only responsible for risks bargained for in the New Jersey insurance contract, the New Jersey insurance company has no duty to defend if an underlying claim is beyond the parameters of the New Jersey insurance agreement and therefore not covered under the New Jersey insurance policy or if the New Jersey insurance claim is precluded by a New Jersey insurance policy exclusion.

The New Jersey insurance company’s obligation to defend the New Jersey insured is measured against the allegations of the New Jersey complaint filed against the New Jersey insured. The New Jersey insurance company’s duty to defend comes into being when the New Jersey complaint states a New Jersey insurance claim constituting a risk that the New Jersey insured is insured against under the New Jersey insurance policy. Thus, whether a New Jersey insurance company has a duty to defend is determined by comparing the allegations in the New Jersey complaint with the language of the New Jersey insurance policy. When the allegations in the New Jersey complaint and the language of the New Jersey insurance policy correspond, the New Jersey insurance company’s duty to defend arises, regardless of whether the New Jersey complaint has any real merit or is frivolous. Moreover, a New Jersey insurance company's duty to defend is determined by whether a covered New Jersey insurance claim is made, not by how well the New Jersey insurance claim is actually made. Further, a New Jersey insurance company's duty to defend isn’t eliminated by the fact that the New Jersey insurance claim may have no merit and cannot be maintained against the New Jersey insured, either in law or in fact, because the cause of action is groundless, false, or fraudulent.

When deciding if a New Jersey insurance company must defend a New Jersey insurance claim, a New Jersey court should not be guided by whether the New Jersey insured is liable to the plaintiff in an action, but rather whether the allegations in a complaint will impose a liability that is covered by the New Jersey insurance policy in question if the cause of action is sustained against the New Jersey insured. The risk or threat of adverse judgment in an action against a New Jersey insured triggers a New Jersey insurance company's duty to defend. It is the nature of the New Jersey insurance claim – not the actual the details of an accident or incident alleged – that leads to a New Jersey insurance company having to honor the New Jersey duty to defend the New Jersey insured under the New Jersey insurance policy.

A New Jersey insurance company does not necessarily have to defend a New Jersey insured while fighting a New Jersey declaratory judgment action to find out if a New Jersey insurance company has a duty to defend the New Jersey insured. But a New Jersey insurance company must likely reimburse a New Jersey insured for failing to defend the New Jersey insured where directed by the New Jersey insurance policy.

NEW JERSEY INSURED’S DUTY TO COOPERATE WITH THE NEW JERSEY INSURANCE COMPANY
The failure by a New Jersey insured to cooperate in the defense of a New Jersey insurance claim can act to bar recovery by a New Jersey insured. This is so because compliance with the cooperation clause of a New Jersey insurance policy is a condition precedent to the New Jersey insurance company’s duties and responsibilities under the New Jersey insurance policy. However, the burden of proving a failure to cooperate rests on the New Jersey insurance company. In order to relieve itself of responsibility under the New Jersey insurance policy the New Jersey insurance company must show that the cooperation clause was deliberately breached in a material or essential particular by the New Jersey insured. Ordinarily, the issue is one of fact, unless the evidence is such that reasonable New Jersey people could not differ as to the conclusion to be reached.

CONTRACTUAL STATUTES OF LIMITATIONS CONTAINED IN NEW JERSEY INSURANCE POLICIES
New Jersey insurance policies may require that any lawsuit by a New Jersey insured against their New Jersey insurance company be filed within a specific time frame within the New Jersey insured’s experiencing a New Jersey insurance claim or New Jersey insurance loss or within notifying the New Jersey insurance company of a New Jersey insurance claim or New Jersey insurance loss. In one New Jersey insurance dispute, the New Jersey insurance policy had a 1 year limitations clause and the New Jersey court enforced it, thereby denying the New Jersey insured with insurance coverage under the New Jersey insurance policy.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS OR NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs or New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs or New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs or New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs or New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs or New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs or New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs or New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs or New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs or New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris. 
 

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