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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.

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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.

NON-DISCLOSURE PROVISIONS IN AUTO SALES, LEASING, AND REPAIR CONTRACTS BANNED

On Behalf of Cockerill, Craig & Moore, LLC | Feb 8, 2018 | Firm News

NON-DISCLOSURE PROVISIONS IN AUTO SALES, LEASING, AND REPAIR CONTRACTS BANNED A non-disclosure bill, A-4044, passed both houses of the New Jersey Legislature and was signed into law by Governor Christie in a late flurry of legislation before Governor Christie left...

New Jersey Supreme Court Updates Standards For Communicating Rejection of Real Estate Contract After Attorney Review

On Behalf of Cockerill, Craig & Moore, LLC | Apr 3, 2017 | Firm News

On April 3, 2017 the New Jersey Supreme Court published its decision in Michael Conley, Jr. v. Mona Guerrero (A-65-15) (076928) dealing with the requirement of notice of rejection under the attorney review provisions of a standard form real estate contract. The...

DO WE REALLY NEED THE PROPOSED NEW “DISTRACTED DRIVING” PROVISION AND IS IT LIKELY TO BE “VOID FOR VAGUENESS”?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 10, 2016 | Firm News

A proposed addition to New Jersey’s distracted driving statute, N.J.S.A. 39:4-97.3 would add this language; “[a]n operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with...

HOW IS THE APPLICATION OF THE “BASEBALL RULE” AFFECTED BY THE EXPANSION OF NETTING IN MAJOR LEAGUE BALLPARKS?

On Behalf of Cockerill, Craig & Moore, LLC | Apr 25, 2016 | Firm News

Major League Baseball this past off-season issued a recommendation that all teams lengthen the safety netting at ballparks to increase fan safety.  http://m.mlb.com/news/article/159233076/mlb-issues-recommendations-on-netting.  Tampa Bay was one of the teams that...

ANTHEM OF THE SEAS PASSENGERS PLACED AT RISK BY ROYAL CARIBBEAN

On Behalf of Cockerill, Craig & Moore, LLC | Feb 10, 2016 | Firm News

By: Timothy E. Annin Royal Caribbean’s ANTHEM OF THE SEAS encountered hurricane strength winds and high seas resulting in her aborting a Caribbean cruise and returning to New Jersey this week. This is the second sailing in less than five months where a vessel set out...

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

On Behalf of Cockerill, Craig & Moore, LLC | Dec 8, 2015 | Firm News

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...

WHAT CAN WE LEARN FROM JUDGE BERMAN’S OPINION IN DEFLATEGATE ABOUT ATTACKS ON ARBITRATOR’S RULINGS?

On Behalf of Cockerill, Craig & Moore, LLC | Sep 3, 2015 | Firm News

DEFLATEGATE RULING – USDC JUDGE RULES ON NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL V. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION United States District Court Judge Richard M. Berman ruled today that the arbitrator’s ruling by Commissioner Goodell in National...

INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY

On Behalf of Cockerill, Craig & Moore, LLC | Aug 13, 2015 | Firm News

INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY TO INNOCENT THIRD PARTIES WHEN AN APPLICANT FOR A “BASIC” POLICY COMMITS APPLICATION FRAUD New Jersey’s courts have a history of protecting innocent third parties injured in accidents with...

CIVIL INSURANCE FRAUD DEFENDANTS NOW ENTITLED TO TRIAL BY JURY

On Behalf of Cockerill, Craig & Moore, LLC | Jul 20, 2015 | Civil Litigation

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...

RENTING AN OFF-CAMPUS APARTMENT – ISSUES TO CONSIDER

On Behalf of Cockerill, Craig & Moore, LLC | Oct 29, 2014 | Firm News

NEW JERSEY LANDLORD-TENANT CIVIL TORTS ATTORNEYS Living in off-campus housing is somewhat of a “right of passage” for many college students. However, with increased freedom also comes responsibility and a number of risks students and parents should take into...

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