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Experienced. Strategic. Results-Driven

WHEN YOU’RE HIRING AN INSURANCE DEFENSE AND COVERAGE FIRM, RESULTS SPEAK THE LOUDEST

At Pomeroy, Heller, Ley, DiGasbarro & Noonan, LLC, our track record in insurance defense and coverage speaks for itself. We’ve shaped statewide legal standards, protected insurers against bad faith claims, and consistently delivered results that matter — often at a lower overall cost. We have successfully handled landmark cases, shaped state-level legal precedents, and guided clients through challenging disputes with precision and professionalism.

90%

Defense Verdicts

In multi‑defendant trials that proceed to verdict.

100+

Reported Decisions

Precedent‑setting guidance shaping statewide standards.

30+

Years

Trusted insurance defense and appellate practice.

Important decisions, resulting from the trial and appellate work of Daniel J. Pomeroy, Esq. and Karen E. Heller, Esq.:
Myers v. GNY Mut. Ins. Co., 2025 N.J. Super. Unpub. LEXIS 1501 (App. Div. 2025)(affirming motion to dismiss, filed in lieu of answer, where complaint sought defense and indemnity under NJM homeowners’ policy)
Hacker v. Jaime-Valdez, 482 N.J. Super. 169 (App. Div. 2025) (Landmark decision holding, for the first time in New Jersey, that when a plaintiff in a personal injury case petitions the federal bankruptcy court, pre-tort case verdict, to lift a bankruptcy court stay to the extent of available insurance proceeds, an excess insurance verdict subsequently received by the plaintiff must be molded to the available insurance proceeds, with the excess component of the verdict dismissed)
Pereira v. N.J. Mfrs. Ins. Co., 2024 N.J. Super. Unpub. LEXIS 13 (App. Div. 2024), certif. denied, 256 N.J. 526 (2024); Barnick v. Kobrin, 2021 N.J. Super. Unpub. LEXIS 2437 (App. Div. 2021); and Kenneth Doctors v. N.J. Mfrs. Ins. Co., 2020 N.J. Super. Unpub. LEXIS 609 (App. Div. 2020) (affirming summary judgment dismissing complaint where UIM claim not made within applicable statute of limitations)
Toulson v. Hartman, 2023 N.J. Super. Unpub. LEXIS 2106 (App. Div. 2023), certif. denied, 257 N.J. 17 (2024) (affirming summary judgment, based on principle that where claimant has received liability proceeds in excess of UIM limits, there can be no valid claim for UIM benefits)
Lin v. Sayers, 2023 N.J. Super. Unpub. LEXIS 25 (App. Div. 2023) (affirming judgment of trial court ruling in auto physical damages claim, rejecting plaintiff’s claim for cost of repairs, which exceeded value of vehicle)
Johnson v. City of Hoboken, 476 N.J. Super. 361 (App. Div. 2023) (affirming dismissal of plaintiffs’ complaint for failure to state a claim, holding that there is no private right of action for inadvertent failure to redact confidential personal identifiers)
Barron v. Gersten, 472 N.J. Super. 572 (App. Div. 2022), certif. denied, 252 N.J. 429 (2022) (affirming dismissal of personal injury lawsuit based on statute of limitations violation)
Soumphonphakdy v. Walilko, 2021 U.S. App. LEXIS 24494 (3 rd Cir. 2021), cert. denied, 142 S. Ct. 874 (2022)(affirming dismissal of personal injury lawsuit based on statute of limitations violation)
Brown v. N.J. Mfrs. Ins. Co., 2022 N.J. Super. Unpub. LEXIS 369 (App. Div. 2022), certif. denied, 252 N.J. 111 (2022)(affirming summary judgment rejecting UIM claims of three claimants, based on policy stepdown provisions)
Edouard v. Government Employees Insurance Company, 2021 N.J. Super. Unpub. LEXIS 2810 (App. Div. 2021), certif. denied, 250 N.J. 159 (2022)(upheld dismissal of plaintiff’s complaint based on regular use exclusion from UM/UIM coverage, where plaintiff sought benefits under her auto policy for an accident that occurred while she was operating a mass transit bus in the course of her employment)
Wilson v. Elvin Ortiz-Ponce, 2021 N.J. Super. Unpub. LEXIS 491 (App. Div. 2021)(affirming summary judgment granted, no valid UIM claim where UIM limits did not exceed liability limits)
Civitano v. Fontaine, 2021 N.J. Super. Unpub. LEXIS 58 (App. Div. 2021) (reversing lower court, based on principle that there is no valid UIM claim where UIM limits are less than total of liability limits available to tortfeasor)
O’Connor v. Zohra, 2021 N.J. Super. Unpub. LEXIS 767 (App. Div. 2021) (affirming summary judgment for carrier, based on applicability of employee exclusion)
Matari v. Platinum Dollz Gentlemen's Club, 2020 N.J. Super. Unpub. LEXIS 328 (App. Div. 2020)(affirming summary judgment holding carrier did not owe indemnity to homeowners’ insured for injuries resulting from an alleged punch)
Michel v. New Jersey Mfrs. Ins. Co., 2018 N.J. Super. Unpub. LEXIS 2515 (App. Div. 2018), certif. denied, 237 N.J. 190 (2019) (upholding UIM stepdown provision, affirming dismissal for failure to state a claim)
Krzykalski v. Tindall, 232 N.J. 525 (2018) (Landmark Supreme Court opinion addressing apportionment of fault between alleged multiple tortfeasors in auto accident, and ruling that “phantom vehicle” apportionment of fault belongs on the verdict sheet when the case involves its arguable existence)
Ferrante v. New Jersey Manufacturers Ins. Grp., 232 N.J. 460 (2018) (Landmark decision holding that when UIM carrier’s rights to intervene and subrogation rights are destroyed by complete lack of notice, coverage is forfeited)
Moses v. Manalo, 2017 N.J. Super. Unpub. LEXIS 2050 (App. Div. 2017) (affirming trial court’s order that deemer statute applied to Florida policy of plaintiff, subjecting her to limitation on lawsuit threshold while operating a rental vehicle in New Jersey)
Wadeer v. New Jersey Manufacturers Ins. Co., 220 N.J. 591 (2015) (Landmark decision that established as statewide law the pro-insurer “fairly debatable” standard for claims of alleged insurer bad faith in UM and UIM context)
James v. New Jersey Manufacturers Ins. Co., 216 N.J. 552 (2014) (Landmark decision established as statewide law that the UM and UIM step down clause nullification provision set forth in N.J.S.A. 17:28-1.1 (f) could only fairly and constitutionally be applied to insurers on a prospective, not retroactive basis)
NJM Ins. Co. v. Fermin, 2016 N.J. Super. Unpub. LEXIS 1732 (App. Div. 2016), certif. denied, 228 N.J. 457 (2016) and Citizens United Reciprocal Exch. v. Brown, 2015 N.J. Super. Unpub. LEXIS 1195 (App. Div. 2015), certif. denied, 223 N.J. 163 (2015)(both affirming summary judgment that rejected liability carrier’s claims of no permissive use)
Myska v. New Jersey Manufacturers Ins. Co., 440 N.J. Super. 458 (App. Div.2015) app. dsmd. as improvidently granted, 224 N.J. 523 (2016) (Landmarkdecision in New Jersey regarding class actions, and the ability of the Court to strike class allegations from the lawsuit without first permitting discovery on factual issues concerning whether class was certifiable)
Petersen v. New Jersey Manufacturers Ins. Co., 2014 N.J. Super. Unpub. LEXIS 995 (App. Div. 2014) (plaintiffs’ bad faith claim rejected and reservation of rights letter by insurer in line with requirements articulated by New Jersey caselaw upheld where it broadened “intentional acts” exclusion from intentional actor to all members of intentional actor’s family).
Palmer a/a/o Kovacs v. New Jersey Manufacturers Ins. Co., 2015 Law Division opinion following bench trial (Rova Farms claim on excess verdict dismissed, and no cause for action entered; insurer’s rejection of $10,000 offer of judgment and election to proceed to trial in limitation on lawsuit threshold case found to be in good faith in spite of ultimate judgment in excess of $300,000 liability policy), aff’d, 2017 N.J. Super. Unpub. LEXIS 3060 (App. Div. 2017), certif. denied, 233 N.J. 207 (2018)
Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011) (representing New Jersey Manufacturers Insurance Company) (Landmark decision dismissing for failure to state a cause of action state-wide class action litigation seeking to advance diminished value collision coverage claims against NJM)
Seabridge v. Discount Auto, Inc., 393 N.J. Super. 327 (App. Div. 2007) (amendment in personal auto policy, without separate notice to the policyholder, that inserted a step down clause in the UM/UIM section of the policy was valid and enforceable)
Pinto v. New Jersey Manufacturers Ins. Co., 183 N.J. 405 (2005) (as amicus curiae on behalf of the New Jersey Defense Association) (Landmark decision holding that step down clause in commercial automobile insurance policy, which worked to preclude UM/UIM coverage to allegedly injured employee, was enforceable and valid on a statewide basis)
Dickson v. Selective Ins. Group, Inc., 363 N.J. Super. 344 (App. Div. 2003), certif. denied, 178 N.J. 453 (2004), and Merces v. New Jersey Manufacturers Insurance Co., 2007 N.J. Super. Unpub. LEXIS 452 (App. Div. 2007) (where a shareholder of a corporate insured was not personally listed on policy, he was not insured by that policy for a UM/UIM loss while not occupying a corporate-owned vehicle)
Vassiliu v. DaimlerChrysler Corp., 178 N.J. 286 (2004) (In a landmark decision for New Jersey insurers, it was determined that a case involving the assertion of both wrongful death and survivorship actions did not expose more than one insurance limit on a split limits liability, UM or UIM policy)
Heumann v. Selective Ins. Co., 2006 U.S. Dist. LEXIS 58488 (allegations of bad faith and punitive damages were inappropriate in a PIP case, given statutory right of successful PIP claimant to counsel fees and interest)
Tarasoff v New Jersey Manufacturers Insurance Company, 2011 N.J. Super. Unpub. LEXIS 426 (App. Div. 2011) (step down clause in automobile policy UIM endorsement applied to UIM insurance covering motorcycle policy purchased by that same insured for his motorcycle as “similar” insurance, thus precluding UIM claim once step down was calculated)
Strunk v M & A Trucking, 2014 N.J. Super. Unpub. LEXIS 1460 (App. Div. 2014) (policy covering non-truckers liability “bobtail” risk only was not triggered when tractor, while operating ‘bobtail,” was nevertheless engaged “in the business of” the company it was hauling for, as tractor was on its way to maintenance shop for return trip the next morning)

Additional case information is available on request.

*Every case is different. Prior results do not guarantee a similar outcome.

The firm’s rate of success in multi-defendant litigated matters can be shown to match that of almost any other firm and is typically accomplished at a lower overall cost. Of the many trials that have gone to verdict, members of the firm have obtained a no cause for action in more than 90 percent of the cases.

Highlights of Our Case Successes

Landmark Decisions

Wadeer v. NJM (2015)

Landmark decision establishing the pro‑insurer “fairly debatable” standard in UM/UIM bad‑faith claims.

James v. NJM (2014)

Statewide precedent on step‑down clause nullification, applied prospectively only.

Pinto v. NJM (2005)

Upheld enforceability of commercial policy step‑down clauses statewide.

Class Actions

Myska v. NJM (2015)

Major class action ruling allowing courts to strike class allegations before discovery.

Kieffer v. High Point

Statewide dismissal of class action over diminished value collision claims.

Seabridge v. Discount Auto

Validated enforceability of policy amendments adding step‑down clauses.

Coverage & Bad Faith

Petersen v. NJM (2014)

Upheld insurer’s broadened exclusion in reservation of rights letter.

Palmer v. NJM (2015)

Defended insurer’s good faith in trial choice despite verdict exceeding policy limits.

Vassiliu v. DaimlerChrysler

Limited exposure to one insurance limit in combined wrongful death/survivorship actions.

Proven in Court, Trusted by Clients

Consistently delivering winning verdicts with efficiency & precision

Over 90% no-cause verdicts in multi-defendant trials that proceed to verdict.
Matching — and often exceeding — the success rate of larger firms, with lower overall costs.

Every case is different. Prior results do not guarantee a similar outcome.

Let’s Build Your Case On A Strong Foundation

Ready to discuss a complex matter? Our team is here to help.

Proven in Court, Trusted by Clients

-Over 90% no‑cause verdicts in multi‑defendant trials that proceed to verdict.

-Precedent‑setting guidance in coverage, class action, and bad‑faith disputes.

-Efficiency that matches larger firms while achieving lower overall cost.

Results

Experienced. Strategic. Results-Driven

WHEN YOU’RE HIRING AN INSURANCE DEFENSE AND COVERAGE FIRM, RESULTS SPEAK THE LOUDEST

90%

100+

30+

Additional case information is available on request.

Highlights of Our Case Successes

Landmark Decisions

Wadeer v. NJM (2015)

James v. NJM (2014)

Pinto v. NJM (2005)

Class Actions

Myska v. NJM (2015)

Kieffer v. High Point

Seabridge v. Discount Auto

Coverage & Bad Faith

Petersen v. NJM (2014)

Palmer v. NJM (2015)

Vassiliu v. DaimlerChrysler

Proven in Court, Trusted by Clients

Consistently delivering winning verdicts with efficiency & precision

Let’s Build Your Case On A Strong Foundation

Proven in Court, Trusted by Clients

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