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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
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NEW JERSEY SUPREME COURT CONFIRMS INSURANCE FRAUD LAW DOES NOT REQUIRE THAT THE CARRIER BE INDUCED BY A FALSE STATEMENT TO PAY A DAMAGE CLAIM.

On Behalf of Cockerill, Craig & Moore, LLC | Jan 20, 2016 | Firm News |

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In a unanimous opinion released today the New Jersey Supreme Court held that a violation of the criminal insurance fraud statute, N.J.S.A. 2C:21-4.6(a), does not require proof that a false statement made by the defendant induced the insurance carrier to pay the claim.

In State of New Jersey v. Robert Goodwin, (A-20-14) (0743520 (decided January 19, 2016) http://www.judiciary.state.nj.us/opinions/supreme/A2014StatevRobert.pdf the New Jersey Supreme Court reinstated the conviction of Goodwin for insurance fraud.  Goodwin lived with his girlfriend “Stacey”, who owned a 1999 Chevy Tahoe she insured with Progressive Insurance Company.  On September 13, 2009, Goodwin took the Tahoe from its normal parking location in front of the building where he lived with Stacey and drove it to another location where he met with another woman whom he was dating without Stacey’s knowledge.  While he was with her, someone set the Tahoe on fire.

Goodwin told Progressive that he parked the Tahoe in front of the apartment where he lived with Stacey, had the only set of keys, and that it had been stolen and torched.  Progressive never believed the vehicle was stolen. A Newark Fire Department arson investigator determined that the fire was intentionally set with gasoline and the Tahoe was driven to the scene of the fire with the ignition key.  Consequently, Progressive denied Stacey’s claim.

Charged criminally with arson, attempted theft by deception, and insurance fraud a jury convicted Goodwin only of insurance fraud.  On appeal, the panel determined that because Progressive knew the Tahoe was not stolen and denied the claim no insurance fraud occurred.  The Supreme Court disagreed, finding that the statute required only that the defendant knowingly make or cause to be made a false statement of material fact as part of a claim for payment pursuant to an insurance policy.   Weighing in on the proper interpretation of “material”, the Supreme Court found that a statement that “could have affected the outcome of the proceeding or the disposition of the matter” even if it did not actually corrupt the proceeding.  This is consistent with interpretations of the perjury statute, N.J.S.A. 2C:28-1(b), and definitions applied by federal courts, Black’s Law Dictionary and Webster’s New World College Dictionary.

To avoid confusion this is the portion of the Model Jury charge should be used in defining “material fact” in criminal insurance fraud cases:

  • “[T]he statement of material fact is material if it could have reasonably affected the decision by an insurance company to provide insurance coverage to a claimant of the decision to provide reimbursement or the decision to pay a claim.”

The Supreme Court reaffirmed that the intent of insurance fraud legislation is to punish wrongdoers and deter others and that their application is not limited to only those cases in which an individual succeeded in inducing an insurance carrier to pay a false claim.

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Our attorneys also represent insurance carriers in subrogation claims, helping you seek reimbursement from other insurers for costs you have incurred due to the wrongdoing of their insureds. To learn how we can help you, contact the Haddonfield insurance carrier attorneys online or call us in Haddonfield, New Jersey, 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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