Cockerill, Craig & Moore, LLC | Attorneys At Law | Strength | Strategy | Solutions
Call Us 856-440-1231
  • 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
  • Make A Payment
    • Pay Invoice
    • Pay Retainer
  • Contact
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
  • Make A Payment
    • Pay Invoice
    • Pay Retainer
  • Contact

Strength. Strategy. Solutions.

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 |

shutterstock_704180641

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.

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...

« Older Entries
Next Entries »

Recent Posts

  • How to handle the mortgage in a New Jersey divorce
  • Divorcing with pets: who gets custody of the dog?
  • Parental teamwork paves the way to a workable child custody plan
  • Are electric vehicles too quiet to be safe?
  • Could mediation be the best divorce option for the two of you?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Premium Service And Trusted Counsel From Local Attorneys

We Are Ready To Help

Cockerill, Craig & Moore, LLC | Attorneys At Law | Strength | Strategy | Solutions

Telephone
856-440-1231

ADDRESS
58 Euclid Street
Woodbury, NJ 08096

Woodbury Law Office

  • Follow
Review The Firm

© 2026 Cockerill, Craig & Moore, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw