NEW JERSEY CONTEMPLATES AN ADDITIONAL CAUSE OF ACTION FOR CLAIMANTS SUBJECTED TO UNFAIR CLAIM PRACTICES

The tens of thousands of property and casualty claims related to Sandy’s wrath, along with the thousands of complaints state regulators, legislators, and the Governor’s office have received from frustrated claimants, have resulted in proposed legislation and regulatory action. The new legislation has been named the Consumer Protection Act of 2012. Please click the first link in the bottom section of this page to see copies of the legislation introduced in the NJ Senate, and recently in the NJ Assembly, to create a private right of action for bad faith claims practices regarding property, and casualty insurance policies or contracts. Senator Scutari is the primary sponsor – his district covers Monmouth, Somerset, and Union Counties, with Monmouth suffering significant losses as a result of Sandy. The bill is quite ambitious – it seeks to become law immediately upon adoption – normally a roll out period is necessary to put the parties impacted by the legislation on notice of the law’s provisions. The legislature can make a civil remedy retroactive; when the Legislature has clearly indicated that a statute should be given retroactive effect, the courts will give it that effect-unless it will violate the constitution or result in a manifest injustice. Baldwin v. Newark, 38 N.J.L. 158, 159 (Sup.Ct.1895); see Gibbons v. Gibbons, 86 N.J. 515, 522-23, 432 A.2d 80 (1981); Howard Savings Inst. v. Kielb, 38 N.J. 186, 193, 183 A.2d 401 (1962). State, Dept. of Envtl. Prot. v. Ventron Corp., 94 N.J. 473, 498, 468 A.2d 150, 163 (1983) Similar efforts to create a private right of action have failed in the past, but there may be enough agitation from Sandy to carry this through. Governor Christie’s sentiments regarding delays in claim payments for homes destroyed or badly damaged by Sandy would indicate that he’ll sign it if it is passed. A copy of the Press Release from Tuesday, February 5, 2013 (click the second link at the bottom of this page), which coordinated with the DOBI order referenced below, shows the scope of the problem and the Governor’s sentiments. The New Jersey Department of Banking and Insurance (DOBI) is feeling the pressure to demand action from insurers on Sandy claims, and entered the attached order (A-13-104) (please see the third link down below) on Tuesday, as well as shortening the time period for a carrier to respond to an inquiry from DOBI to five business days, down from the normal 15. LINKS
- New Jersey Consumer Protection Act 2012
- Governor Christie’s Press Release
- New Jersey Department of Banking and Insurance A-13-104
Contact CockerillCraigMoore Law
At CockerillCraigMoore Law, all of our lawyers have decades of courtroom experience. Three of our partners are certified as civil trial attorneys by the New Jersey Supreme Court, and two are fellows of the American College of Trial Lawyers. To learn more about the services we provide to insurance carriers, contact our office online or call us at 856-429-1060 for an appointment.
Fall on Private Property? Who Would Be Liable For Your Injuries?
Whether you are visiting someone’s home, or you are shopping at a store, it is possible to fall on the owner’s property. If you are injured, someone is liable for the medical treatment and lost wages that you incur because of your injuries. As soon as you are able,...
Why You Need a Lawyer When Facing a Lawsuit
If someone has filed a tort lawsuit against you, you are probably wondering what you should do to protect yourself from liability. Some people think they can handle tort lawsuits without the expert guidance of Woodbury NJ tort claim attorneys. You can run into a...
Accused of Discrimination in the Workplace? Why You Need a Lawyer
Craig Annin & Baxter are Woodbury NJ discrimination attorneys. Discrimination is ugly. When it rears its head in the workplace, it is frustrating and time-consuming. People who play favorites hurt the freedoms of their victims. Craig Annin & Baxter believe...
New Jersey Residents Protected by the Prevention of Domestic Violence Act Without an In-Person Date
In a decision that is timely for the COVID-19 quarantine era, a New Jersey Appellate Court has ruled that a relationship conducted only through sexting qualifies as a dating relationship. In C.C. v. J.A.H., New Jersey’s Appellate Division affirmed the entry of a Final...
How Domestic Violence Cases Are Handled Safely in NJ
Domestic violence happens about every seven minutes in New Jersey. Although victims are usually women, it happens to men as well. About 25% of women and 15% of men in America are victims of physical violence from a partner or spouse. It is important for local victims...
Voting Rights in New Jersey: What You Should Know About How to Exercise Them and Protect Them
Perhaps the most important right we have as citizens of the United States is voting, and while voting differs in each state, New Jersey upholds strict voting rights. Even so, certain groups and individuals have tried to take away rights from those who should be...
Real Estate Closings in New Jersey: Does It Matter If It’s North or South Jersey?
If you are buying or selling real estate in New Jersey, it’s important to consider whether you are closing the sale in North or South Jersey. Keep some key differences in mind if you want to move forward without unneeded complications. This article explains the...
Should I Talk to a Lawyer If My Insurance Claim is Denied?
Insurance is quite comforting until you need it. Then you plunge into a complex web of contracts and administrative operations with terms and processes average people do not understand. When your claim is denied, it can be a shock. A denied insurance claim means you...
Harassment in the Workplace: What to Do If You’ve Been Accused
Someone in your workplace accuses you of harassment. This is time-consuming and stressful to fight as well a threat to your employment and income. Do not assume you can reason with an accuser and return to business as usual. Acquire skilled defense attorneys to handle...
Why You Need a Lawyer if You’re Accused of Causing an Injury to Another Person
If you are accused causing injury to someone as a result of an action, comment, or posting, or you are a victim seek legal advice promptly. Persons who have suffered harm owing to the action or inaction of another can sue for damages. You may be forced to pay a...

