NEW JERSEY ASSEMBLY TAKES UP THE SUBJECT OF A PRIVATE CAUSE OF ACTION FOR BAD FAITH IN SETTLEMENT OF INSURANCE CLAIMS

Efforts have been made, since Hurricane Sandy, to broaden the remedies available to consumers who feel they have been wronged by the claim practices of insurance carriers. These efforts have failed in each of their prior versions. A-231 sponsored by Assemblypersons Reed Gusciora, Timothy Eustace, and Marlene Caride will be reviewed by the Assembly Financial Institutions and Insurance Committee on December 10, 2015. The bill has a narrow scope of relief, providing for a private civil action in addition to the enforcement authority of the Commissioner of Banking and Insurance only in regard to claims arising out of a declared disaster. In the event a carrier were to violate N.J.S.A. 17:29B-4(9) the wronged insured may recover the full amount of damages regardless of the coverage limits of the policy along with pre-judgment interest, attorneys’ fees, and all reasonable litigation expenses from the date of institution of the action as well as punitive damages.
THE STATUTORY REQUIREMENTS ARE ENUMERATED AS:
(9) Unfair claim settlement practices. Committing or performing with such frequency as to indicate a general business practice any of the following:
- (a) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;
- (b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
- (c) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
- (d) Refusing to pay claims without conducting a reasonable investigation based upon all available information;
- (e) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
- (f) Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;
- (g) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;
- (h) Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application;
- (i) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured;
- (j) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made;
- (k) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
- (l) Delaying the investigation or payment of claims by requiring an insured, claimant or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
- (m) Failing to promptly settle claims, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage;
- (n) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement;
- (o) Requiring insureds or claimants to institute or prosecute complaints regarding motor vehicle violations in the municipal court as a condition of paying private passenger automobile insurance claims.
Contact CockerillCraigMoore Law
The attorneys of Craig, Annin & Baxter have testified before legislative committees on pending legislation and have participated in working groups with the Legislature in drafting legislation. If you wish to discuss this or any other pending legislative matter give us a call at 856-429-1060.
What is the average cost of an SCI?
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
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?
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
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
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
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
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
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?
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?
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...

