MARCH 2013 BAD FAITH CASES: COURT AFFIRMS TRIAL COURT’S SUMMARY JUDGMENT FOR CARRIER IN LIGHT OF INSURED’S MISREPRESENTATIONS ON LIFE INSURANCE POLICY (New Jersey Appellate Division)

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In Mi Ja Jae v. Metro. Life Ins. Co., the beneficiary of a life insurance policy sued its carrier for bad faith and benefits under the policy. Before the trial court, the parties filed cross-motions for summary judgment. The carrier asserted that the beneficiary’s deceased husband misrepresented his annual income on the life insurance application.

The court granted the carrier’s motion, but denied its claim under the Insurance Fraud Prevention Act. On appeal, the court affirmed the trial court’s decision, reasoning that the carrier would not have issued the policy based on the insured’s true income.

Date of Decision: February 14, 2013

Mi Ja Jae v. Metro. Life Ins. Co., No. A-2302-11T4, 2013 N.J. Super. Unpub. LEXIS 340, New Jersey Appellate Division (App.Div. Feb. 14, 2013) (Graves, J. and Espinosa, J.)

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