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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 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
    • Premises Liability Claims / Slip – And – Fall Accidents
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    • Catastrophic And Disabling Injuries
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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.

FERPA AND PARENTAL ACCESS TO A COLLEGE STUDENT’S GRADES

On Behalf of Cockerill, Craig & Moore, LLC | Oct 10, 2014 | Firm News

NEW JERSEY FERPA ATTORNEYS Under the terms of the Family Educational Rights and Privacy Act (FERPA), the release of academic records is restricted. Passed in 1974 and sometimes referred to as the “Buckley Amendment,” FERPA was passed in order to protect the privacy...

DON’T BECOME A SCAM VICTIM.

On Behalf of Cockerill, Craig & Moore, LLC | Aug 25, 2014 | Firm News

It has come to our attention that local residents, including a Medford Lakes, New Jersey grandmother, have been victimized by swindles that demand that they make a payment through Green Dot MoneyPak or other reloadable debit cards. These scams have included callers...

WHAT HAVE I WAIVED – OR NOT WAIVED – WHEN I SIGN A WAIVER FOR MY HEALTH CLUB?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 20, 2014 | Firm News

In a published decision on August 18, 2014, the New Jersey Appellate Division added a new perspective on the scope of a waiver contained in a health club membership contract.  In Walters v. YMCA, A-1062-12T3 the Appellate Division reversed a decision granting summary...

TRAINS AND CARS DON’T MIX

by [email protected] | Mar 28, 2014 | Firm News

We represent people injured in accidents, including car accidents involving freight and passenger trains.  Last month a couple from Hamilton was killed after a River Line train struck their car, which was on the tracks at the time. According to NJ Transit, the driver...

MOUNT LAUREL, NEW JERSEY – MEDICAL EXPERTS AND RECORDS SEMINAR

On Behalf of Cockerill, Craig & Moore, LLC | Mar 27, 2014 | Firm News

MEDICAL EXPERTS AND RECORDS SEMINAR On June 18, 2014 I will be part of a distinguished panel of experienced litigators addressing Medical Experts and Records for the National Business Institute. This is a full day program offering 7.2 NJ CLE credits including 1.2...

CIVIL LITIGATION ATTORNEYS

On Behalf of Cockerill, Craig & Moore, LLC | Mar 10, 2014 | Firm News

CIVIL LITIGATION LAWYERS Whether it’s guarding the rights of individuals or businesses involved in motor vehicle accident claims, boat owners or marinas insured under marine insurance policies, amusement park owners, or public entities (including towns, cities and...

CAR ACCIDENT INVESTIGATION AND PERSONAL INJURY

On Behalf of Cockerill, Craig & Moore, LLC | Mar 7, 2014 | Firm News

When a car crash or other motor vehicle accident happens and people suffer serious injuries or are killed, accident reconstruction and accident investigation is common. Generally, the police and independent private investigators will perform the investigation. Police...

FERRY ACCIDENT THAT INJURED SEVEN UNDER INVESTIGATION

On Behalf of Cockerill, Craig & Moore, LLC | Feb 24, 2014 | Firm News

Ferries are a way to get to work for tens of thousands of people every day in the New York City area.  The vast majority of ferry trips are done safely and without incident, however accidents happen. If you’re involved in a ferry accident, Jeffrey Craig can help. The...

LESSON FOUR: DIRECT EXAMINATION – THE LAWYER / WITNESS TANGO

On Behalf of Cockerill, Craig & Moore, LLC | Feb 10, 2014 | Firm News

For an attorney direct examination is more difficult to do effectively than cross-examination. Cross examination is the trial lawyer’s equivalent of the home run or the booming drive down the middle of the fairway while direct examination is like bunting a runner into...

FOOTBALL, BEER AND THE DRAM SHOP ACT – WHO IS RESPONSIBLE WHEN A DRUNKEN FAN GETS BEHIND THE WHEEL?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 2, 2014 | Firm News

If a drunk driver causes an accident and someone is harmed, normally that driver is held responsible for paying for damages and compensation for injuries. Depending on the circumstances, who served that driver the alcohol, may also be legally responsible. NEW JERSEY’S...

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