Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Innocent Spouse Can Be Denied Coverage, Says NJ

BY Thomas L. Mulvihill
October 02, 2003

Can an insured's resident spouse be precluded from receiving no-fault coverage if the insured has commited fraud? On January 29, 2003, the New Jersey Supreme Court decided the case of Palisades Safety & Insurance Association v. Leonel Bastien and Paule Bastien, 814 A.2d 619 (2003) and decided for the first time 'whether an insured's resident spouse is precluded from receiving no-fault coverage when the insured lies to the insurer about his marital status and represents that there were no other persons of driving age residing in his household.' Id. at 620. The court affirmed a prior decision by the Appellate Division of the New Jersey Superior Court.

In this case, Leonel Bastien applied to obtain an automobile liability insurance policy from Palisades Safety & Insurance Association. In his application, Leonel falsely represented that he was single and that he was the sole driver of the two vehicles for which he sought coverage. Based upon the information provided in the policy application, Palisades issued a policy of automobile insurance with an annual premium of $2201.00. Over the following 8 months, Bastien submitted documents to Palisades in which he again represented that he was the sole licensed driver in his household, and that there were no other residents who were over the age of 16. In July of 1997, he added a third automobile to his policy and, in doing so, repeated his prior misrepresentations.

On October 3, 1997, Bastien's wife, Paule, was involved in an automobile accident while driving the Mazda that was added to the carrier's policy in July of 1997. Mrs. Bastien's mother, Mary LaRoche, was a passenger in the vehicle at the time of the accident. Both Paule Bastien and Mary LaRoche filed a claim for no-fault benefits under the Palisades policy.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.