Richard W. Fogarty focuses his practice in the areas of insurance defense, insurance coverage, preparation of wills and estate planning documents, and labor law.  He primarily represents insurance companies and their clients in a variety of tort-based liability matters, uninsured and underinsured motorist claims and personal injury protection (PIP) disputes.  In this capacity, he has tried several matters to jury verdict and has represented the Firm’s clients before the New Jersey Superior Court – Appellate Division and Supreme Court.

Rich regularly represents insurance carriers in disputes over PIP benefits in Forthright on the arbitration and appellate levels.  He also defends PIP carriers in New Jersey Superior Court in civil lawsuits and Orders to Show Cause, as well as in the Appellate Division.  Utilizing his knowledge and experience with PIP coverage issues, Rich frequently conducts investigations and provides opinions to his clients on issues involving insurance coverage and policy interpretation.  These issues include determining whether a claimant is eligible for benefits under a policy, application of policy exclusions, reformation of policy limits, and analysis of the New Jersey Deemer Statute.  Rich lectures on various aspects of PIP coverage and defense for the New Jersey Institute for Continuing Legal Education and the New Jersey Defense Association.

In addition to his arbitration and trial work, a portion of Rich’s practice is dedicated to representing his clients in the Appellate Division and the New Jersey Supreme Court.  Focusing on matters involving insurance coverage disputes, premises liability, dog bite liability, personal injury defense, and PIP disputes, Rich has prepared over 20 appellate briefs.  He has successfully argued before the Appellate Division on several occasions.

Rich also assists his clients through the preparation of estate planning documents such as wills, powers of attorney, and living wills.  In this area of his practice, he enables his clients to properly plan for their incapacity or death by identifying and drafting documents that will effectively carry out their wishes.

Prior to joining Chasan Lamparello Mallon & Cappuzzo, PC, in 2007, Rich served as law clerk to Hon. Daniel P. Mecca, P.J.S.C., Civil Division, Bergen County Vicinage.  While attending Rutgers University School of Law (Newark), he served as legal counsel through the school’s Special Education Clinic, working to obtain an appropriate education for indigent students with disabilities.

Lectures/Speaking Engagements:

New Jersey Defense Association
2018 NJDA Insurance Coverage Seminar (March 2018)

New Jersey Institute for Continuing Legal Education
Latest Developments in PIP Practice (August 2018)

2019 PIP/No Fault College (January 2019)

Keys to Handling the PIP Case: Rules, Coding, File Preparation and Case Presentation (April 2019)


PIP Implications When Out-Of-State Residents are Involved in New Jersey Accidents.  New Jersey Defense, Spring 2019