Kenneth Vercammen NJ laws news E221 August 24, 2006 In this issue:
1. Life Insurance
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant
Consents.
3. Police Questioning After 911 Call Did Not Violate Miranda
4 . Court Prohibited Character Witness Testimony
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
_____________________________________
1. Life Insurance
For the past few months, a lot of clients have been asking questions
about the different kinds of life insurance.
ere are some of the answers our friends at Pavese-McCormick Insurance
been giving. Specifically, I wanted to give you some information about what are
known as "permanent" (or "cash-value") life
insurance policies that, unlike term life, are designed to last the rest of your
life:
* "Permanent" life insurance includes a buildup of value in cash in addition to
your death benefit. You can borrow against your cash value. You can even take
out some of that cash value, but your death benefit will be reduced. What is
cash value? It's that part of a permanent life insurance policy not needed for
so-called "mortality expenses." The greater your risk of dying in the near term,
the greater the mortality expense to your insurer.
* Cash-value life policies have premiums that are higher at the
beginning than they would be for the same amount of term
insurance. The part of the premium not used to cover the yearly
cost for mortality and other expenses is invested by the company
and builds up a cash value that you may use in a variety of ways.
Here are some specific examples of cash-value or permanent life
insurance:
* Whole (or Ordinary) Life -- The premium and the death benefit
don't change much in whole life policies. You pay so much a month
for a given death benefit. However, dividends to policyholders
can increase the coverage or decrease the premium.
* Universal Life -- This is the flexible life insurance. You can
change your premium and your death benefit at any time, although
a substantial increase in the coverage usually requires you to
prove you are still in good health.
* Variable Life -- This is a hybrid whole/universal coverage in
which the death benefit is dependent on the investment
performance of the insurance company's assets. And you get to
choose the investment vehicle -- money market fund, bond fund or
stock fund -- for your premium. If your investments do well, your
policy's cash value and death benefit will increase. If not,
they'll go down, but most variable life policies won't let your
death benefit drop below a certain level. However, it's possible
a company will charge you for a guaranteed death benefit.
So are permanent life policies, as opposed to term life, best for
you? In general, if you have significant assets, its better (and
less risky) to have some sort of cash-value policy.
But which one?
Actually, it's more important to buy the coverage from an insurer
that has the best chance of performing well in the future; an
insurer that has low expenses and mortality costs. Such an
insurer will be able to offer better terms, including higher
death benefits, higher cash value and lower premiums.
It is my pleasure to recommend the Pavese-McCormick Agency for any
insurance needs you might have. Their responsiveness has been second to none.
For me the measure of a company is how responsive they are once they have your
business. So many companies roll out the red carpet to gain your business but
forget who you are once they have it. From overall policy reviews to simple name
changes, they have treated me as if I was there most important customer. It is
very comforting knowing that I can always call them and my needs will be taken
care of promptly.
Pavese-McCormick is one of the rare companies that doesn't just talk
customer service, they set the standard for it."
Pavese-McCormick 3759 Route One South
Monmouth Junction, N.J. 08852
Phone (732) 247-9800, Ext. 2003
Fax (732) 875-1083
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant Consents.
Georgia v Randolph 126 S. Ct. 1515; 164 L. Ed. 2d 208
A physically present co-occupant's stated refusal to permit entry
renders warrantless entry and search unreasonable and invalid as to him. A
disputed invitation, without more, gives an officer no better claim to
reasonableness in entering than the officer would have absent any consent.
Disputed permission is no match for the Fourth Amendment central value of
"respect for the privacy of the home," Wilson v. Layne, 526 U.S. 603, 610, 119
S. Ct. 1692, 143 L. Ed. 2d 818, and the State's other countervailing claims do
not add up to outweigh it.
3. Police Questioning After 911 Call Did Not Violate Miranda. State v. Boretsky
186 N.J. 271 (2006)
An individual's intentions in respect of equivocal statements about
"counsel" during an emergency aid situation are not relevant for Miranda
purposes. During the emergency aid response, an alleged "equivocal" reference to
counsel lacks sufficient basis to tie the statement to interests the Miranda
remedy was designed to protect. When the emergency ends and Miranda warnings are
administered, we hold that the administration of the warning satisfies Miranda.
4 . Court Prohibited Character Witness Testimony. State v. Mahoney __ NJ ___
Decided April 19, 2006 (A-10-05)
The trial court properly prohibited character witness testimony as to
specific interactions with defendant and his skills as a lawyer, and statements
made by the prosecutor during summation did not deny defendant his right to a
fair trial. However, the trial court improperly submitted to the jury the full
text of R. 1:21-6 without providing instructions as to how to consider and apply
the rule's directives to the facts of this criminal case.
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration. Pasqua v. Hon
Gerald J. Council 186 N.J. 127 (2006)
The Fourteenth Amendment Due Process Clause mandates the appointment of
counsel to assist parents found to be indigent and facing incarceration at child
support enforcement hearings. The due process guarantee of the New Jersey
Constitution compels the same result.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the
blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake,
off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to Kenvnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________
_____________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
Speakers Bureau: The NJ State Bar Association established a community
Speakers Bureau to provide educational programs to senior clubs, Unions and
Middlesex County companies. During the past year, volunteer attorneys have
provided Legal Rights Seminars to hundreds of seniors, business owners and their
employees, unions, clubs and non-profit groups. If you are interested in having
an attorney speak on Wills, Probate or Elder Law at an event, please call my
office. These quality daytime educational programs will educate and even
entertain. Clubs and companies are invited to schedule a free seminar during
business hours.
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1985-2006" Former Prosecutor
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