Aden v. Fortsh
Supreme Court of New Jersey
1Opinion of the Court
The opinion of the Court was delivered by
ZAZZALI, J.
The question presented in this appeal is whether a policyholder’s failure to read his policy may be asserted as comparative negligence in a professional malpractice action against an insurance broker. In a published opinion, the Appellate Division reversed a jury verdict in favor of the insureds and held that the trial court should have instructed the jury on comparative negligence for the failure to read the policy. Aden v. Fortsh, 327 N.J.Super. 360, 743 A.2d 371 (App.Div.2000). We reverse. In New Jersey, the comparative fault defense…
2Cases cited34 opinions
- H. Rosenblum, Inc. v. AdlerSupreme Court of New Jersey · 1983
- Conklin v. WeismanSupreme Court of New Jersey · 1996
- Sears Mortgage Corp. v. RoseSupreme Court of New Jersey · 1993
- Cowan v. DoeringSupreme Court of New Jersey · 1988
- Rider v. LynchSupreme Court of New Jersey · 1964
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3Cited by88 opinions
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- Insurance Network of Texas v. Kloesel, Texas Court of Appeals, 13th District2008
- Board of Trustees of Community College District No. 508 v. LybrandIllinois Supreme Court · 2003
- Triarsi v. BSC GROUP SERVICES, LLC.New Jersey Superior Court Appellate Division · 2011
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