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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
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    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
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    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
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    • Prenuptial Agreements
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    • 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.

Fall on Private Property? Who Would Be Liable For Your Injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 26, 2020 | Personal Injury, Premises Liability

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

On Behalf of Cockerill, Craig & Moore, LLC | Jun 12, 2020 | Civil Litigation, Firm News

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

On Behalf of Cockerill, Craig & Moore, LLC | Apr 24, 2020 | Employment Law

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

On Behalf of Cockerill, Craig & Moore, LLC | Apr 17, 2020 | Family Law

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

On Behalf of Cockerill, Craig & Moore, LLC | Apr 17, 2020 | Family Law

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

On Behalf of Cockerill, Craig & Moore, LLC | Feb 21, 2020 | Firm News

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?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 7, 2020 | Firm News

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?

On Behalf of Cockerill, Craig & Moore, LLC | Nov 18, 2019 | Firm News

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

On Behalf of Cockerill, Craig & Moore, LLC | Nov 4, 2019 | Firm News

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

On Behalf of Cockerill, Craig & Moore, LLC | Oct 28, 2019 | Firm News

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...

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