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· 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 CourtListener

Sourced 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.