OCTOBER 2018 BAD FAITH CASES: INSURED CAN NEITHER PURSUE (1) PRIVATE CLAIMS UNDER UNFAIR CLAIMS SETTLEMENT PRACTICES ACT, NOR (2) UNDER PROPOSED INSURANCE FAIR CONDUCT ACT SINCE IT HAS NOT BECOME LAW (New Jersey Federal)

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The insured attempted to bring a claim under Senate Bill 2144, the proposed Insurance Fair Conduct Act. However, this bill has never become law, and the court would not permit the insured to pursue such a claim. Nor could the insured pursue a claim under New Jersey’s Unfair Claims Settlement Practices Act since this did not provide a private right of action.

Date of Decision: October 23, 2018

Bell v. Crown Life Ins. Co., United States District Court District of New Jersey Civil Action No. 3:16-cv-08006 BRM-DEA, 2018 U.S. Dist. LEXIS 181562 (D.N.J. Oct. 23, 2018) (Arpert, J.)

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