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Chartwell attorneys Sue French, Brian Searls, and Roger Manao secured a summary judgment win on behalf of an insurer client in a Cumberland County, New Jersey underinsured motorist (UIM) claim. The decision was issued on April 25, 2025, by Judge James Swift.
The lawsuit stemmed from an August 6, 2021 accident in which the plaintiff, Alexander F. Groetsch, was injured when a drunk driver lost control of his vehicle and struck the farm tractor Groetsch was operating on his family’s property, Victoria Farms, in Vineland, New Jersey. Groetsch filed suit against multiple defendants, including the insurance carrier, seeking UIM benefits.
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At the time of the accident, the insurance carrier insured two collector vehicles—a Corvette and a Rolls Royce—owned by Groetsch’s parents. Groetsch was not a named insured under the policy. To qualify for UIM benefits, he needed to establish that he was both a resident of his parents’ household and either occupying a listed vehicle or acting as a “pedestrian” at the time of the incident.
Groetsch testified that he did not reside with his parents at the time of the accident but argued he maintained dual residences—his apartment and his parents’ home. He also claimed to be a pedestrian, asserting that the farm tractor did not qualify as a registered motor vehicle designed for public roads.
After oral argument, Judge Swift granted summary judgment in favor of the insurance carrier. The court held that Groetsch did not qualify as a pedestrian under the policy and therefore was not entitled to UIM coverage.
Congratulations to Sue, Brian, and Roger on this well-earned victory.
