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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
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    • Child Support
    • Child Custody And Visitation
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    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
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CIVIL INSURANCE FRAUD DEFENDANTS NOW ENTITLED TO TRIAL BY JURY

On Behalf of Cockerill, Craig & Moore, LLC | Jul 20, 2015 | Civil Litigation |

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In Allstate New Jersey Insurance Co. v. Gregorio Lajara (A-70-13) (073511) (Decided July 16, 2015) the New Jersey Supreme Court  ruled yesterday that actions by insurance carriers under New Jersey’s Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to 30 have now joined the ranks of disputes to be resolved by a jury. Trial by Jury is a constitutional right guaranteed by the Seventh Amendment of the United States Constitution and Article I, §7 of the 1844 and Art. I ¶ 9 1947 New Jersey Constitutions. But not all legal disputes give rise to a right to a trial by jury.  In the New Jersey state court system the right to a trial by jury must be found in either a statute or the New Jersey Constitution. Prior to yesterday’s ruling, the civil cause of action created by the Legislature for insurance carriers in the Insurance Fraud Prevention Act (“IFPA”) had been interpreted to not provide for a trial by jury and the common law right to a jury trial did not apply. A prior decision in State v. Sailor, 355 N.J.Super. 315 (App. Div. 2001) addressing the right to a trial by jury when the State of New Jersey is the civil plaintiff under the IFPA, found that the equitable nature of the remedies afforded the State and the absence of an express grant of a right to a jury in the IFPA required such actions to be decided by a judge alone. The New Jersey Supreme Court found that the claims by an insurance carrier under the IFPA are legal rather than equitable in nature, drawing an important distinction between the State’s legal remedies under the IFPA and an insurance carrier’s.  A successful lawsuit by an insurance carrier under N.J.S.A. 17:3A-7 (a) and (b) will necessarily involve an award for damages.  N.J.S.A. 17:33A-7(a).  An insurer’s claim under the IFPA is comparable but not identical to a common-law fraud action that would be tried before a jury.  The Supreme Court also considered the implied right to a trial by jury for Consumer Fraud Act (“CFA”) claims under N.J.S.A. 56:8-1 to 109, despite the lack of complete symmetry between a CFA claim and common law fraud.   The combination of persuasive reasons for finding a right to a trial by jury resulted in the Supreme Court’s conclusion that a right to a jury trial must have been intended by the  Legislature, consistent with the New Jersey Constitution’s demands for a trial by jury for legal remedies. The procedural implications for this decision are limited, in most civil insurance fraud cases between insurance carriers and insureds, claimants, or providers the IFPA cause of action would be combined with other contractual and common law causes of action that would be subject to trial by jury.  In that context, only the IFPA claims would have been excluded from the jury’s consideration and reserved to the judge.  It would be unusual for such a dispute to involve only an IFPA claim. More interesting will be the jury dynamic; every premium-paying member of a jury is impacted by insurance fraud in some way.  In March 2015 the Insurance Information Institute reported; Insurance industry estimates generally put fraud at about 10 percent of the property/casualty insurance industry’s incurred losses and loss adjustment expenses each year, although the figure can fluctuate based on line of business, economic conditions and other factors.[1] Using this measure, over the five-year period from 2009 to 2013, property/casualty fraud amounted to about $32 billion each year. Also, the Federal Bureau of Investigation said that healthcare fraud, both private and public, is an estimated 3 to 10 percent of total healthcare expenditures.[2] Based on U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services’ data for 2010, healthcare fraud amounted to between $77 billion and $259 billion.  © Insurance Information Institute, Inc. www.iii.org/issue-update/insurance-fraud (Accessed July 17, 2015.) Individual defendants matched up against insurance companies assume that they will get the benefit of an “us” against “them” mentality that will favor “the little guy”.  In New Jersey, dissatisfaction with the response to property damage claims after Sandy is also a simmering issue with potential jurors.  Whether these sentiments or the impact on their premium bill will be the biggest motivation for jurors will be interesting to watch. All of this means that future civil insurance fraud trials between insurance carriers and individual defendants will require the talents of experienced trial lawyers to prepare and present persuasive cases with the eventual audience of jurors in mind.

Contact Cockerill, Craig & Moore, LLC Law

To learn how we can help you protect your rights and interests as a litigant in civil litigation, contact the results-driven Haddonfield defense litigation attorneys at CockerillCraigMoore Law or call us at 856-429-1060.

What is the average cost of an SCI?

On Behalf of Cockerill, Craig & Moore, LLC | May 25, 2021 | Personal Injury

Spinal cord injuries are serious no matter how minor the damage. The effects of one range from numbness and tingling at the extremities all the way to full-body paralysis. This severity requires rapid attention, which may result in costly surgeries, long hospital...

Know how to handle the aftermath of a car crash

On Behalf of Cockerill, Craig & Moore, LLC | May 19, 2021 | Motor Vehicle Accidents

Getting into a collision is often a disorienting experience. However, there are several steps that people need to take after the accident. Even a minor collision can result in injuries. According to Nerd Wallet, drivers should ask if any of their passengers incurred...

What should I do after a dog bite?

On Behalf of Cockerill, Craig & Moore, LLC | May 17, 2021 | Animal Bites

Dogs can add much love and enjoyment to a person's life. However, when a dog is dangerous or the owner lacks responsibility, a dog can also cause major injuries. These injuries often require medical attention to prevent more serious effects. The Cleveland Clinic...

LESSON TWO: DOES AN SIU REFERRAL TRIGGER A LITIGATION HOLD – WHY IT SHOULD

On Behalf of Cockerill, Craig & Moore, LLC | May 12, 2021 | Firm News

See Lesson One HERE I like thunder; I don’t know why so many people fear it. After many hours on weekends, after school, and summer days and evenings lugging golf clubs as a caddy – they had metal shafts and heads back then – I came to appreciate thunder as a...

Casino Lending: Following the Rules Gives Harrah’s a Win

by Cockerill, Craig & Moore, LLC | May 5, 2021 | Firm News

In the heavily regulated casino industry following the magnitude of rules often seems like a burden that increases costs and gets in the way.  But Harrah’s was rewarded with an important win on Friday when the New Jersey Appellate Division, the intermediate appellate...

Why You Should Examine Your Will Before a Divorce

On Behalf of Cockerill, Craig & Moore, LLC | Sep 25, 2020 | Firm News

When you are getting divorced, you will probably have to deal with how to divide your property when your divorce ends. You should also think about how your property might be distributed if you die before your divorce is finished or if you fail to change the provisions...

Everything You Need to Know about Boating Accident Claims

On Behalf of Cockerill, Craig & Moore, LLC | Aug 21, 2020 | Personal Injury

People go out on the water to relax and have fun. Unfortunately, a good time can easily turn bad when dangerous conditions are in place. If you’ve been in a boating accident, an experienced NJ attorney can help you navigate the waters ahead. Common Causes of Boating...

Believe You Lost Your Job because you Filed a Complaint against your employer? What to do next

On Behalf of Cockerill, Craig & Moore, LLC | Aug 7, 2020 | Employment Law

If your employer has unlawfully fired you, you have the right to file a wrongful termination lawsuit. This lawsuit can help you recoup money or receive unemployment benefits while you look for a new job. Our Woodbury employment attorneys can help you navigate the...

How Long Does a Workplace Discrimination Case Take?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 31, 2020 | Employment Law

If you are the victim of discrimination at work and want to take legal action, you are probably wondering how long the case will take. Workplace discrimination cases take an average of two to three years to complete and offer a resolution. This short post talks about...

Who Is Responsible for a Trucking Accident Injury?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 24, 2020 | Commercial Vehicle Accidents, Firm News, Motor Vehicle Accidents

Getting into a trucking accident is a stressful experience, and you have many things about which to think. You are likely asking yourself how to decide who is at fault when an accident takes place. In most cases, the insurance companies go with anything law...

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