The bill - previously passed in the Senate - would create a new “bad faith” cause of action for an insurance carrier’s “unreasonable delay or denial” of a claim, as well as a private cause of action for a violation of the Unfair Claims Settlement Practices Act. Under the bill as proposed, conduct determined unreasonable by a jury could entitle the insured to unspecified consequential damages, attorney’s fees and costs.  Read the full Case Alert here.

On November, 17, 2019, NJ Advance Media published an article in the Sunday Star-Ledger and associated websites written by Award Winning Sports Columnist Steve Politi, analyzing a case successfully tried to verdict by M&W partner Bill Bloom in June of this year. The case has been publicized nationally by such outlets as ESPN and USA Today, and internationally by such outlets as The Daily Mail, addressing the potential societal impact had the case been lost. To read the article please click here.

On July 17, 2019 the New Jersey Supreme Court issued its long-awaited decision in L.R. v. Camden City Public School District, affirming the Appellate Division’s determination that a “student record” under New Jersey law retains protected status and may not be rendered a public record through redaction of personally identifiable information. This ruling effectively prevents a third party from obtaining student records without demonstrating to a Superior Court Judge that the requestor is a “bona fide researcher” or otherwise has a compelling need for the records that outweighs the privacy interests of the students. It also shields school boards from awards of attorney fees under OPRA (the Open Public Records Act) to parties who succeed in their efforts to obtain student records.  Read the full Case Alert here.

The Court found that although the injured plaintiff was insured in Florida, he was uninsured at the time of the accident for purposes of New Jersey insurance coverage. The plaintiff had lived in New Jersey for five years and garaged his vehicle in New Jersey yet his vehicle title, registration and insurance were procured in Florida and included a fictitious Florida address.  Read the full Case Alert here.