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Sunday, June 30, 2019

CERTAIN UNDERWRITERS AT LLOYDS SUBSCRIBING TO POLICY PLH-0013397, ETC. VS. PUBLIC SERVICE ELECTRIC AND GAS (L-2040-14, L-2041-14, L-2402-14, L-2405-14, L-1918-15 AND L-0752-16, BURLINGTON COUNTY AND STATEWIDE) (A-4128-17T4)

In this appeal, the court examined the scope of available damages when a defendant's negligence has caused a homeowner to be displaced; that is, the court considered whether a homeowner's damages are generally limited to the cost of alternate shelter or whether the homeowner may also seek additional damages based on a broader concept of inconvenience. In adhering to the legal concepts expressed in Camaraza v. Bellavia Buick Corp., 216 N.J. Super. 263, 265 (App. Div. 1987), where the court held a motor vehicle owner's damages were not necessarily limited to the rental cost of a replacement, and in expanding Camaraza to claims other than those involving the loss of use of a motor vehicle, the court reversed the summary judgment entered in favor of the defense and remand for trial.