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Wednesday, February 5, 2014

Nowell James v. New Jersey Manufacturers Insurance Company

 Nowell James v. New Jersey Manufacturers Insurance
Company (A-26-12; 071344)

 As of its effective date of September 10, 2007,
N.J.S.A. 17:28-1.1(f) applied to and prospectively
reformed, for employees, a corporation’s or business
entity’s motor vehicle liability policy containing
UM/UIM step-down provisions, including policies that
were in force at that time. No exceptions to the rule
favoring prospective application of new legislation
pertain to N.J.S.A. 17:28-1.1(f). Because James’s
accident preceded N.J.S.A. 17:28-1.1(f)’s effective
date, his claims are governed by the provision of the
NJM policy that were in existence as of the date of
his accident.