Preview
MON-L-003462-22 12/16/2022 2:50:41 PM Pglof14 Trans ID: LCV20224231163
DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991
Hanus & Parsons, LLC
1715 State Route 35, Suite 301
Middletown, New Jersey 07748
(732) 737-8488
Attorneys for Plaintiffs
ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff DOCKET NO:
CIVIL ACTION
vs.
JAMES RIVER INSURANCE CO. ORDER TO SHOW CAUSE
Defendants
PLEASE TAKE NOTICE that this matter having been opened
to the Court by Hanus & Parsons, LLC, attorneys for
Plaintiff, Robert Williamson, and the Court having
considered the moving papers filed;
IT IS on this day of , 2023
ORDERED, that the Plaintiff shall apply to the
Superior Court of New Jersey, Law Division, at the Monmouth
County Court House, Freehold, New Jersey, on the
day of , 2023 at 9:00 a.m. in the
forenoon or as soon thereafter as counsel may be heard, for
the purpose of selecting a neutral arbitrator for a binding
arbitration in the above matter and for such other and
further relief as the Court may deem just and equitable;
and it is further
MON-L-003462-22 12/16/2022 2:50:41 PM Pg2of14 Trans ID: LCV20224231163
ORDERED, that a copy of the Order to Show Cause,
Verified Complaint and Certification upon which it is based
shall be served upon the Defendant, James River Insurance
Company, within ten (10) days from the date hereof, by
personal service or certified mail return receipt
requested; and it is further
ORDERED, that the Defendant serve and file an Answer
to the Verified Complaint within thirty-five (35) days from
the date of service; and it is further
ORDERED, that all answering Affidavits or
Certifications, iff any, be served and filed three (3) days
prior to the return date.
JSC
MON-L-003462-22 12/16/2022 2:50:41 PM Pg3o0f14 Trans ID: LCV20224231163
DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991
Hanus & Parsons, LLC
1715 State Route 35, Suite 301
Middletown, New Jersey 07748
(732) 737-8488
Attorneys for Plaintiffs
ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff DOCKET NO:
CIVIL ACTION
vs.
JAMES RIVER INSURANCE CO. CERTIFICATION OF COUNSEL
Defendants
I DavidP. Levine, Esq., do hereby certify as
follows:
1 T am an Attorney at Law of the State of New
Jersey. IT am the attorney charged with the handling of
this file and as such, am fully familiar with the facts
surrounding the within matter.
2 I offer this certification in support of
Plaintiff’s Order to Show Cause and Verified Complaint
requesting the Court to appoint a neutral arbitrator.
3 This case arises out of a motor vehicle accident
occurring on May 15, 2017.
4 The facts of the case are not entirely necessary
for the relief sought, but I offer them just for background.
MON-L-003462-22 12/16/2022 2:50:41 PM Pg4of14 Trans ID: LCV20224231163
5 The Uber vehicle in which my client was a
passenger was struck by a vehicle driven by the tortfeasor,
Joseph Clemente.
6 The tortfeasor’s vehicle was insured with
Travelers. Ultimately, the insurance company for Mr.
Clemente tendered their policy of $100,000.00.
7
The Plaintiff sought Longworth approval from his
personal carrier and the carrier for the Uber vehicle in
which he was a passenger.
8 The Uber vehicle is statutorily required to
provide underinsured motorist coverage and did so pursuant
to the policy of insurance written by James River Insurance
Company.
9 James River Insurance Company has accepted
involvement and agreed to its contractual requirement of a
binding arbitration to resolve the underinsured motorist
claim.
10. James River Insurance Company appointed counsel,
John T. Asher, Ill, Esq., to defend the claim on their
behalf.
11. As the matter was contractually required to
proceed to binding arbitration, I appointed Charles Crocco,
Esq. of Nelson, Fromer, Crocco & Jordan to serve as my
arbitrator.
MON-L-003462-22 12/16/2022 2:50:41 PM Pg5of14 Trans ID: LCV20224231163
12. Mr. Asher appointed Kristen Worley, Esq. of Delany
Law to serve as the defense arbitrator.
13. The two (2) arbitrators corresponded in an effort
to select a neutral, as required by the contract.
14. Mr. Crocco initially recommended Jody Mindnich,
Esq. or David Leone, Esq. to serve as the neutral
arbitrator. (See Mr Crocco’s March 25, 2021 email attached
hereto as Exhibit A)
15. Ms. Worley responded to Mr. Crocco by email dated
April 5, 2021 apparently rejecting Mr. Crocco’s proposed
arbitrators and offered Michael Madden, Esq. of Madden &
Madden or John DeFeo, Esq. (See Ms. Worley’s April 5, 2021
email attached hereto as Exhibit B).
16. Mr. Crocco in turn found those proposals not
agreeable.
17. Since that time, the arbitrators have been unable
to agree upon a neutral arbitrator. As such, Iam
requesting the Court’s involvement to select a neutral
arbitrator, either from the list of proposed arbitrators or
another individual.
18. I would like the Court to be aware that the sole
involvement the Court will have would be the appointment of
the arbitrator. All parties agree that the matter is
subject to a binding arbitration and this matter will be
MON-L-003462-22 12/16/2022 2:50:41 PM Pg6o0f14 Trans ID: LCV20224231163
dismissed with prejudice after the arbitration panel is
selected.
I hereby certify that the foregoing statements made by
me are true. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to
punishment by law.
HANUS & PARSONS, LLC
Attorneys for Plaintiffs
By:
pated:falie/22. DAVID P. LEVINE
MON-L-003462-22 12/16/2022 2:50:41 PM Pg7of14 Trans ID: LCV20224231163
EXHIBIT A
MON-L-003462-22 12/16/2022 2:50:41 PM Pg8of14 Trans ID: LCV20224231163
From: Charles M. Crocco [mailto:Ccrocco@Nelsonfromer.com|
Sent: Thursday, March 25, 2021 12:30 PM
To: John T. Asher Ill ; Michael Hanus
Cc: Kristen Worley
Subject: RE: Williamson v. james River Insurance Company, et al.
Ms. Worley:
Good afternoon. As you are aware, we are the arbitrators in this matter.
| would recommend Jodi Mindnich, Esq. from Zirulnick, Demiile & Flynn, or David Leone, Esq., from the
Carton Law Firm as the neutral arbitrator in this matter.
Please let me know your thoughts,
Chuck
Charles M. Crocco, Esq.
Certified Civil Trial Lawyer
Nelson, Fromer, Crocco & Jordan
2300 Route 66
Neptune, NJ 07754
Office: (732) 774-6443
Cell: (908) 783-8965
MON-L-003462-22 12/16/2022 2:50:41 PM Pg9of14 Trans ID: LCV20224231163
EXHIBIT B
MON-L-003462-22 12/16/2022 2:50:41 PM Pg10o0f14 Trans ID: LCV20224231163
On Apr 5, 2021, at 4:39 PM, Kristen Worley wrote:
Good afternoon Mr. Crucco, | would recommend either Michael Madden of the Madden & Madden Law
Firm or John DeFeo as the neutral arbitrator. Please advise of your position relative to either
gentleman’s retention.
Thanks very much,
Kristen
Delany Law
Kristen L. Worley, Esquire
Partner
Member international Association of Defense Counsel
: (856) 202-8100
F: (856) 384-5957
klw@delany-law.com
MON-L-003462-22 12/16/2022 2:50:41PM Pg1lof14 Trans ID: LCV20224231163
DAVID P. LEVINE,
ESQ/ATTORNEY I.D. NO. 047681991
Hanus & LLC
Parsons,
1715 State Route 35, Suite 301
Middletown, New Jersey 07748
(732) 737-8488
Attorneys for Plaintiffs
ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff DOCKET NO:
CIVIL ACTION
vs.
JAMES RIVER INSURANCE CO. VERIFIED COMPLAINT
Defendants
Plaintiff, Robert Williamson, residing at 2046 Cooper
Street, in the Township of Woodbury, County of Atlantic,
and State of New Jersey, by way of Complaint against the
Defendants says:
FIRST COUNT
1 On or about May 15, 2017, the Plaintiff, Robert
Williamson, was a passenger in a vehicle operated by Perry
White, which was traveling west on Passyunk Avenue in
Philadelphia, Pennsylvania.
2 The underlying matter was settled against the
tortfeasor, with the authorization of Defendant, James
River Insurance Company, for her policy limits.
3 At the time of this accident, the Uber in which
Plaintiff was a passenger was insured with policy of
MON-L-003462-22 12/16/2022 2:50:41PM Pg12o0f14 Trans ID: LCV20224231163
automobile insurance through James River Insurance Company
with underinsured motorist benefits of $1,000,000.00.
4 Plaintiff made a timely demand that the
Defendants, James River Insurance Company, participate ina
binding underinsured motorist arbitration and the
Defendants have agreed to do so.
5 Plaintiff appointed Charles Crocco, Esq. as its
arbitrator and Defendant appointed Kristen Worley, Esq. as
its arbitrator. However, the appointed attorneys cannot
agree upon a neutral arbitrator.
6 As such, Plaintiff seeks the Court’s assistance
to appoint a neutral arbitrator for the matter.
4
The conlract of insurance providing underinsured
motorist benefits mandates that the underinsured motorist
claim be resolved by way of a binding arbitration.
8 Based upon the fact that the arbitrators cannot
agree upon a neutral arbitrator, I have been required to
file an Order to Show Cause and Verified Complaint so the
Court can select same.
9 Once the neutral arbitrator is appointed, the
case Can proceed to arbitration and the matter will be
concluded.
WHEREFORE, Plaintiff demands judgment compelling
Defendants, James River Insurance Company, to participate
in a binding underinsured motorist arbitration, requests
MON-L-003462-22 12/16/2022 2:50:41PM Pg130f14 Trans ID: LCV20224231163
the Court to appoint a neutral arbitrator and requests
costs and fees for the filing of this Complaint and Order
to Show Cause be assessed against Defendant, James River
Insurance Company, pilus interest and costs of suit.
CERTIFICATION OF COMPLIANCE WITH RULE 1:38-7(C)
I certify that confidential personal identifiers have
been redacted from documents now submitted to the Court and
will be redacted from all document submitted in the future
in accordance with Rule 1:38-7(b).
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that pursuant to the Rules of
Court, David P. Levine, Esq., is hereby designated as trial
counsel for the within matter.
HANUS & PARSONS, LLC
:
Attorneys for Pla
dated: ye fief2z
we DAVID P. LEVINE
MON-L-003462-22 12/16/2022 2:50:41PM Pg14o0f14 Trans ID: LCV20224231163
CERTIFICATION PURSUANT TO R. 4:5-1
DAVID P. LEVINE, ESQ., does hereby certify as follows:
1. I am an attorney at law of the State of New Jersey and
am a partner in the firm and am fully familiar with regard
to the case herein.
2 To the best of my knowledge, information and belief,
the matter in controversy, as indicated in this Complaint,
is not the subject of any other action pending in any Court
or of any pending Arbitration proceeding. Additionally,
there are no other persons known to me who should be added
as parties to this matter, nor are there any other actions
contemplated.
3 I do hereby certify that the foregoing statements made
by me are true. If any of the foregoing statements made by
me are willfully false, I am subject to punishment.
HANUS & PARSONS, .LLC
Attorneys for Plainti
DAVID P. LEVINE
Dated: refe fer
MON-L-003462-22 12/16/2022 2:50:41PM Pglof2 Trans ID: LCV20224231163
DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991
Hanus & Parsons, LLC
1715 State Route 35, Suite 301
Middletown, New Jersey 07748
(732) 737-8488
Attorneys for Plaintiffs
ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff DOCKET NO:
CIVIL ACTION
vs.
JAMES RIVER INSURANCE CO. ORDER TO SHOW CAUSE
Defendants
PLEASE TAKE NOTICE that this matter having been opened to the Court
by Hanus & Parsons, LLC, attorneys for Plaintiff, Robert Williamson, and the
Court having considered the moving papers filed;
IT IS on this day of , 2023
ORDERED, that the Plaintiff shall apply to the Superior Court of New
Jersey, Law Division, at the Monmouth County Court House, Freehold, New
Jersey, on the day of , 2023 at 9:00 a.m. in the
forenoon or as soon thereafter as counsel may be heard, for the purpose of
selecting a neutral arbitrator for a binding arbitration in the above matter and
for such other and further relief as the Court may deem just and equitable; and
it is further
ORDERED, that a copy of the Order to Show Cause, Verified Complaint
and Certification upon which it is based shall be served upon the Defendant,
MON-L-003462-22 12/16/2022 2:50:41PM Pg2of2 Trans ID: LCV20224231163
James River Insurance Company, within ten (10) days from the date hereof, by
personal service or certified mail return receipt requested; and it is further
ORDERED, that the Defendant serve and file an Answer to the Verified
Complaint within thirty-five (35) days from the date of service; and it is further
ORDERED, that all answering Affidavits or Certifications, if any, be
served and filed three (3) days prior to the return date.
JSC
MON-L-003462-22 12/16/2022 2:50:41PM Pglof1 Trans ID: LCV20224231163
DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991
Hanus & Parsons, LLC
1715 State Route 35, Suite 301
Middletown, New Jersey 07748
(732) 737-8488
Attorneys for Plaintiffs
ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff DOCKET NO:
CIVIL ACTION
vs.
JAMES RIVER INSURANCE CO. ORDER
Defendants
THIS MATTER having been brought before the Court by the Hanus &
Parsons, LLC, attorneys for Plaintiff, for an Order to select a neutral arbitrator;
and
IT IS on this day of , 2022;
ORDERED, that the Court appoints , Esq. to
serve as neutral arbitrator in the binding underinsured motorist arbitration;
and it is further
ORDERED, that a signed copy of the within Order be served on all
counsel within days of the date hereof.
JSC.
MON-L-003462-22 12/16/2022 2:50:41PM Pglof1 Trans ID: LCV20224231163
Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-003462-22
Case Caption: WILLIAMSON ROBERT VS JAMES RIVER Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL
INSURANC E CO. THRESHOLD)
Case Initiation Date: 12/16/2022 Document Type: Verified Complaint
Attorney Name: MICHAEL JOSEPH HANUS Jury Demand: NONE
Firm Name: HANUS & PARSONS, LLC Is this a professional malpractice case? NO
Address: 1715 STATE ROUTE 35, STE 301 Related cases pending: NO
MIDDLETOWN NJ 07748 If yes, list docket numbers:
Phone: 7327378488 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : WILLIAMSON, ROBERT transaction or occurrence)? YES
Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): None
Are sexual abuse claims alleged by: ROBERT WILLIAMSON? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
12/16/2022 /s/ MICHAEL JOSEPH HANUS
Dated Signed
Preview
MON-L-003462-22 12/16/2022 2:50:41 PM Pglof14 Trans ID: LCV20224231163 DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991 Hanus & Parsons, LLC 1715 State Route 35, Suite 301 Middletown, New Jersey 07748 (732) 737-8488 Attorneys for Plaintiffs ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff DOCKET NO: CIVIL ACTION vs. JAMES RIVER INSURANCE CO. ORDER TO SHOW CAUSE Defendants PLEASE TAKE NOTICE that this matter having been opened to the Court by Hanus & Parsons, LLC, attorneys for Plaintiff, Robert Williamson, and the Court having considered the moving papers filed; IT IS on this day of , 2023 ORDERED, that the Plaintiff shall apply to the Superior Court of New Jersey, Law Division, at the Monmouth County Court House, Freehold, New Jersey, on the day of , 2023 at 9:00 a.m. in the forenoon or as soon thereafter as counsel may be heard, for the purpose of selecting a neutral arbitrator for a binding arbitration in the above matter and for such other and further relief as the Court may deem just and equitable; and it is further MON-L-003462-22 12/16/2022 2:50:41 PM Pg2of14 Trans ID: LCV20224231163 ORDERED, that a copy of the Order to Show Cause, Verified Complaint and Certification upon which it is based shall be served upon the Defendant, James River Insurance Company, within ten (10) days from the date hereof, by personal service or certified mail return receipt requested; and it is further ORDERED, that the Defendant serve and file an Answer to the Verified Complaint within thirty-five (35) days from the date of service; and it is further ORDERED, that all answering Affidavits or Certifications, iff any, be served and filed three (3) days prior to the return date. JSC MON-L-003462-22 12/16/2022 2:50:41 PM Pg3o0f14 Trans ID: LCV20224231163 DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991 Hanus & Parsons, LLC 1715 State Route 35, Suite 301 Middletown, New Jersey 07748 (732) 737-8488 Attorneys for Plaintiffs ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff DOCKET NO: CIVIL ACTION vs. JAMES RIVER INSURANCE CO. CERTIFICATION OF COUNSEL Defendants I DavidP. Levine, Esq., do hereby certify as follows: 1 T am an Attorney at Law of the State of New Jersey. IT am the attorney charged with the handling of this file and as such, am fully familiar with the facts surrounding the within matter. 2 I offer this certification in support of Plaintiff’s Order to Show Cause and Verified Complaint requesting the Court to appoint a neutral arbitrator. 3 This case arises out of a motor vehicle accident occurring on May 15, 2017. 4 The facts of the case are not entirely necessary for the relief sought, but I offer them just for background. MON-L-003462-22 12/16/2022 2:50:41 PM Pg4of14 Trans ID: LCV20224231163 5 The Uber vehicle in which my client was a passenger was struck by a vehicle driven by the tortfeasor, Joseph Clemente. 6 The tortfeasor’s vehicle was insured with Travelers. Ultimately, the insurance company for Mr. Clemente tendered their policy of $100,000.00. 7 The Plaintiff sought Longworth approval from his personal carrier and the carrier for the Uber vehicle in which he was a passenger. 8 The Uber vehicle is statutorily required to provide underinsured motorist coverage and did so pursuant to the policy of insurance written by James River Insurance Company. 9 James River Insurance Company has accepted involvement and agreed to its contractual requirement of a binding arbitration to resolve the underinsured motorist claim. 10. James River Insurance Company appointed counsel, John T. Asher, Ill, Esq., to defend the claim on their behalf. 11. As the matter was contractually required to proceed to binding arbitration, I appointed Charles Crocco, Esq. of Nelson, Fromer, Crocco & Jordan to serve as my arbitrator. MON-L-003462-22 12/16/2022 2:50:41 PM Pg5of14 Trans ID: LCV20224231163 12. Mr. Asher appointed Kristen Worley, Esq. of Delany Law to serve as the defense arbitrator. 13. The two (2) arbitrators corresponded in an effort to select a neutral, as required by the contract. 14. Mr. Crocco initially recommended Jody Mindnich, Esq. or David Leone, Esq. to serve as the neutral arbitrator. (See Mr Crocco’s March 25, 2021 email attached hereto as Exhibit A) 15. Ms. Worley responded to Mr. Crocco by email dated April 5, 2021 apparently rejecting Mr. Crocco’s proposed arbitrators and offered Michael Madden, Esq. of Madden & Madden or John DeFeo, Esq. (See Ms. Worley’s April 5, 2021 email attached hereto as Exhibit B). 16. Mr. Crocco in turn found those proposals not agreeable. 17. Since that time, the arbitrators have been unable to agree upon a neutral arbitrator. As such, Iam requesting the Court’s involvement to select a neutral arbitrator, either from the list of proposed arbitrators or another individual. 18. I would like the Court to be aware that the sole involvement the Court will have would be the appointment of the arbitrator. All parties agree that the matter is subject to a binding arbitration and this matter will be MON-L-003462-22 12/16/2022 2:50:41 PM Pg6o0f14 Trans ID: LCV20224231163 dismissed with prejudice after the arbitration panel is selected. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by law. HANUS & PARSONS, LLC Attorneys for Plaintiffs By: pated:falie/22. DAVID P. LEVINE MON-L-003462-22 12/16/2022 2:50:41 PM Pg7of14 Trans ID: LCV20224231163 EXHIBIT A MON-L-003462-22 12/16/2022 2:50:41 PM Pg8of14 Trans ID: LCV20224231163 From: Charles M. Crocco [mailto:Ccrocco@Nelsonfromer.com| Sent: Thursday, March 25, 2021 12:30 PM To: John T. Asher Ill ; Michael Hanus Cc: Kristen Worley Subject: RE: Williamson v. james River Insurance Company, et al. Ms. Worley: Good afternoon. As you are aware, we are the arbitrators in this matter. | would recommend Jodi Mindnich, Esq. from Zirulnick, Demiile & Flynn, or David Leone, Esq., from the Carton Law Firm as the neutral arbitrator in this matter. Please let me know your thoughts, Chuck Charles M. Crocco, Esq. Certified Civil Trial Lawyer Nelson, Fromer, Crocco & Jordan 2300 Route 66 Neptune, NJ 07754 Office: (732) 774-6443 Cell: (908) 783-8965 MON-L-003462-22 12/16/2022 2:50:41 PM Pg9of14 Trans ID: LCV20224231163 EXHIBIT B MON-L-003462-22 12/16/2022 2:50:41 PM Pg10o0f14 Trans ID: LCV20224231163 On Apr 5, 2021, at 4:39 PM, Kristen Worley wrote: Good afternoon Mr. Crucco, | would recommend either Michael Madden of the Madden & Madden Law Firm or John DeFeo as the neutral arbitrator. Please advise of your position relative to either gentleman’s retention. Thanks very much, Kristen Delany Law Kristen L. Worley, Esquire Partner Member international Association of Defense Counsel : (856) 202-8100 F: (856) 384-5957 klw@delany-law.com MON-L-003462-22 12/16/2022 2:50:41PM Pg1lof14 Trans ID: LCV20224231163 DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991 Hanus & LLC Parsons, 1715 State Route 35, Suite 301 Middletown, New Jersey 07748 (732) 737-8488 Attorneys for Plaintiffs ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff DOCKET NO: CIVIL ACTION vs. JAMES RIVER INSURANCE CO. VERIFIED COMPLAINT Defendants Plaintiff, Robert Williamson, residing at 2046 Cooper Street, in the Township of Woodbury, County of Atlantic, and State of New Jersey, by way of Complaint against the Defendants says: FIRST COUNT 1 On or about May 15, 2017, the Plaintiff, Robert Williamson, was a passenger in a vehicle operated by Perry White, which was traveling west on Passyunk Avenue in Philadelphia, Pennsylvania. 2 The underlying matter was settled against the tortfeasor, with the authorization of Defendant, James River Insurance Company, for her policy limits. 3 At the time of this accident, the Uber in which Plaintiff was a passenger was insured with policy of MON-L-003462-22 12/16/2022 2:50:41PM Pg12o0f14 Trans ID: LCV20224231163 automobile insurance through James River Insurance Company with underinsured motorist benefits of $1,000,000.00. 4 Plaintiff made a timely demand that the Defendants, James River Insurance Company, participate ina binding underinsured motorist arbitration and the Defendants have agreed to do so. 5 Plaintiff appointed Charles Crocco, Esq. as its arbitrator and Defendant appointed Kristen Worley, Esq. as its arbitrator. However, the appointed attorneys cannot agree upon a neutral arbitrator. 6 As such, Plaintiff seeks the Court’s assistance to appoint a neutral arbitrator for the matter. 4 The conlract of insurance providing underinsured motorist benefits mandates that the underinsured motorist claim be resolved by way of a binding arbitration. 8 Based upon the fact that the arbitrators cannot agree upon a neutral arbitrator, I have been required to file an Order to Show Cause and Verified Complaint so the Court can select same. 9 Once the neutral arbitrator is appointed, the case Can proceed to arbitration and the matter will be concluded. WHEREFORE, Plaintiff demands judgment compelling Defendants, James River Insurance Company, to participate in a binding underinsured motorist arbitration, requests MON-L-003462-22 12/16/2022 2:50:41PM Pg130f14 Trans ID: LCV20224231163 the Court to appoint a neutral arbitrator and requests costs and fees for the filing of this Complaint and Order to Show Cause be assessed against Defendant, James River Insurance Company, pilus interest and costs of suit. CERTIFICATION OF COMPLIANCE WITH RULE 1:38-7(C) I certify that confidential personal identifiers have been redacted from documents now submitted to the Court and will be redacted from all document submitted in the future in accordance with Rule 1:38-7(b). DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that pursuant to the Rules of Court, David P. Levine, Esq., is hereby designated as trial counsel for the within matter. HANUS & PARSONS, LLC : Attorneys for Pla dated: ye fief2z we DAVID P. LEVINE MON-L-003462-22 12/16/2022 2:50:41PM Pg14o0f14 Trans ID: LCV20224231163 CERTIFICATION PURSUANT TO R. 4:5-1 DAVID P. LEVINE, ESQ., does hereby certify as follows: 1. I am an attorney at law of the State of New Jersey and am a partner in the firm and am fully familiar with regard to the case herein. 2 To the best of my knowledge, information and belief, the matter in controversy, as indicated in this Complaint, is not the subject of any other action pending in any Court or of any pending Arbitration proceeding. Additionally, there are no other persons known to me who should be added as parties to this matter, nor are there any other actions contemplated. 3 I do hereby certify that the foregoing statements made by me are true. If any of the foregoing statements made by me are willfully false, I am subject to punishment. HANUS & PARSONS, .LLC Attorneys for Plainti DAVID P. LEVINE Dated: refe fer MON-L-003462-22 12/16/2022 2:50:41PM Pglof2 Trans ID: LCV20224231163 DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991 Hanus & Parsons, LLC 1715 State Route 35, Suite 301 Middletown, New Jersey 07748 (732) 737-8488 Attorneys for Plaintiffs ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff DOCKET NO: CIVIL ACTION vs. JAMES RIVER INSURANCE CO. ORDER TO SHOW CAUSE Defendants PLEASE TAKE NOTICE that this matter having been opened to the Court by Hanus & Parsons, LLC, attorneys for Plaintiff, Robert Williamson, and the Court having considered the moving papers filed; IT IS on this day of , 2023 ORDERED, that the Plaintiff shall apply to the Superior Court of New Jersey, Law Division, at the Monmouth County Court House, Freehold, New Jersey, on the day of , 2023 at 9:00 a.m. in the forenoon or as soon thereafter as counsel may be heard, for the purpose of selecting a neutral arbitrator for a binding arbitration in the above matter and for such other and further relief as the Court may deem just and equitable; and it is further ORDERED, that a copy of the Order to Show Cause, Verified Complaint and Certification upon which it is based shall be served upon the Defendant, MON-L-003462-22 12/16/2022 2:50:41PM Pg2of2 Trans ID: LCV20224231163 James River Insurance Company, within ten (10) days from the date hereof, by personal service or certified mail return receipt requested; and it is further ORDERED, that the Defendant serve and file an Answer to the Verified Complaint within thirty-five (35) days from the date of service; and it is further ORDERED, that all answering Affidavits or Certifications, if any, be served and filed three (3) days prior to the return date. JSC MON-L-003462-22 12/16/2022 2:50:41PM Pglof1 Trans ID: LCV20224231163 DAVID P. LEVINE, ESQ/ATTORNEY I.D. NO. 047681991 Hanus & Parsons, LLC 1715 State Route 35, Suite 301 Middletown, New Jersey 07748 (732) 737-8488 Attorneys for Plaintiffs ROBERT WILLIAMSON SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff DOCKET NO: CIVIL ACTION vs. JAMES RIVER INSURANCE CO. ORDER Defendants THIS MATTER having been brought before the Court by the Hanus & Parsons, LLC, attorneys for Plaintiff, for an Order to select a neutral arbitrator; and IT IS on this day of , 2022; ORDERED, that the Court appoints , Esq. to serve as neutral arbitrator in the binding underinsured motorist arbitration; and it is further ORDERED, that a signed copy of the within Order be served on all counsel within days of the date hereof. JSC. MON-L-003462-22 12/16/2022 2:50:41PM Pglof1 Trans ID: LCV20224231163 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-003462-22 Case Caption: WILLIAMSON ROBERT VS JAMES RIVER Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL INSURANC E CO. THRESHOLD) Case Initiation Date: 12/16/2022 Document Type: Verified Complaint Attorney Name: MICHAEL JOSEPH HANUS Jury Demand: NONE Firm Name: HANUS & PARSONS, LLC Is this a professional malpractice case? NO Address: 1715 STATE ROUTE 35, STE 301 Related cases pending: NO MIDDLETOWN NJ 07748 If yes, list docket numbers: Phone: 7327378488 Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : WILLIAMSON, ROBERT transaction or occurrence)? YES Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): None Are sexual abuse claims alleged by: ROBERT WILLIAMSON? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 12/16/2022 /s/ MICHAEL JOSEPH HANUS Dated Signed