Kenneth Mr. Vercammen was included in the 2020 “Super Lawyers” list published by Thomson Reuters.

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Thursday, July 10, 2008

Leona C. Taddei, et al. v. State Farm Indemnity Co.

06-30-08 A-3806-06T2

A UM policyholder who sues the UM carrier and receives a jury verdict for his injuries in excess of the policy's UM limits is not entitled to judgment against the UM carrier for the amount of the judgment. The trial judge did not err in molding the verdict to conform with the coverage limits. Although a UM claimant can maintain an action against his or her carrier for extra-policy damages for breach of the coverage of good faith and fair dealing, plaintiff in this case never pled bad faith, and, even if pled and proven, the measure of damages would be the foreseeable consequential damages caused by breach of the covenant, not the amount awarded by the jury on the underlying injury claim.