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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
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • 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
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
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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.

When a Victim of a Car Accident Should Talk to an Attorney

On Behalf of Cockerill, Craig & Moore, LLC | Oct 14, 2019 | Firm News

If you have been the victim of a car accident we wish you a swift and uncomplicated recovery. Pursue appropriate treatment from your primary care provider and follow their recommendations for treatment and specialists to see. Along with getting medical treatment for...

Municipal Entity Representation: Why They Need Lawyers Too

On Behalf of Cockerill, Craig & Moore, LLC | Oct 7, 2019 | Firm News

If you have been elected to a position on a governing body, congratulations and condolences. This may be your first elected position and you may find that the adage, be careful what you wish for, is all too true. Governing a municipality is a challenging undertaking;...

RED FLAG LAWS: WHAT ARE THEY AND DO WE HAVE ONE IN NEW JERSEY?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 12, 2019 | Firm News

The national debate about gun control includes the prospect of Congress taking up consideration of expanded background checks and “red flag” laws.  You might wonder what a “red flag” law is and how it may apply.  New Jersey has a red flag law called the “Extreme Risk...

Contact the Firm of Craig Annin & Baxter for More Info

On Behalf of Cockerill, Craig & Moore, LLC | Jul 25, 2019 | Firm News

Boating season is here, and this means good times out on the water. It also brings with it a serious responsibility for your own safety as well as the safety of your family. There are certain precautions that you will need to take in order to stay completely safe out...

WHEN CAN FINANCIAL PENALTIES BE USED TO DETER NON-COMPLIANCE WITH A MARITAL SETTLEMENT AGREEMENT?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 19, 2019 | Firm News

20-2-2066 Holtham v. Lucas, N.J. Super. App. Div. (Ostrer, J.) (18 pp.) Plaintiff appealed from the trial court’s order requiring him to pay defendant $150 per day of plaintiff’s non-compliance with a provision of the parties’ marital settlement agreement that...

SPOUSAL SUPPORT IN NEW JERSEY: WHAT ARE THE REQUIREMENTS?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 11, 2019 | Firm News

Spousal support, sometime called alimony, may be ordered in New Jersey divorces in certain situations. An order for spousal support is not guaranteed, so you should consider consulting with the Woodbury family lawyers from Craig Annin & Baxter if you believe...

Splitting the Equity in My Home During a Divorce

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

Are you planning to divorce your spouse? One of the most important things to keep in mind is that you will need to divide up the equity in your home. Equity can be defined as the difference between the value of your home and the amount of money that you still owe on...

How Long Does a Personal Injury Case Usually Take?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 11, 2019 | Firm News

Personal injuries lawsuits are unfortunately common. We say unfortunately because we don’t like the fact that there are people out there who are still getting injured through no fault of their own. Our crowded streets make these events more likely to occur. We...

New Jersey Courts Address Parental Liability for Underage Drinking and Going Forward Imposes Liability on Underage Adults Who Host

On Behalf of Cockerill, Craig & Moore, LLC | Jun 7, 2019 | Firm News

On June 6, 2019 the New Jersey Superior Court’s Appellate Division, the intermediate appeals court, decided whether homeowners whose children consume alcohol and allow other underage adults to consume alcoholic beverages  at their home are liable for resulting...

A New Jersey state court entered a $27.65 million judgment for UFC

On Behalf of Cockerill, Craig & Moore, LLC | Jun 6, 2019 | Firm News

A New Jersey state court entered a $27.65 million judgment for UFC middleweight contender Yoel Romero following a damages trial involving a tainted training supplement that led to a suspension and lost professional opportunities, his legal team said today. Entered by...

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