· 7/16/2015
Allstate New Jersey Ins. Co. v. Gregorio Lajara (073511)
Citations
- 222 N.J. 129
- 117 A.3d 1221
- 2015 N.J. LEXIS 797
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that, even in the context of IFPA claims involving PIP recovery disputes, the state constitutional right to a jury trial nevertheless applies
- defining elements of fraud as a knowingly false, material misrepresentation made with the intention that another rely upon it, reasonable reliance and resulting damages
- finding, in the context of IFPA claims involving PIP-recovery disputes, that the state constitutional right to a jury nevertheless applied
- defining fraud under New Jersey law as “(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5
- ‘‘[t]reble damages are intended to punish, and only partly to compensate, and therefore have the classic features of punitive dam- ages’’
- “Perfect alignment between the elements of an IFPA claim and common-law fraud is not necessary to trigger the right to a jury trial.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Albin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.