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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
  • Blog
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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.

Contact CockerillCraigMoore Law

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.

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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