APRIL 2016 BAD FAITH CASES: (1) NO CONSUMER FRAUD ACT CLAIM FOR DENIAL OF BENEFITS; (2) NEGLIGENCE CLAIM UNDER UNFAIR CLAIMS SETTLEMENT PRACTICES ACT NOT ASSIGNABLE OR ACTIONABLE; AND (3) NO BAD FAITH CLAIM WHERE QUESTION WHETHER PROPERTY DAMAGE FELL WITHIN POLICY PERIOD WAS FAIRLY DEBATABLE (New Jersey Federal)

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In Nationwide Mutual Insurance Company v. Caris, the underlying facts involved the alleged fraudulent sale of a property with contamination.  The insureds entered a consent…

AUGUST 2015 BAD FAITH CASES: NEW JERSEY SUPREME COURT FINDS INJURED PARTIES DO NOT BECOME THIRD PARTY BENEFICIARIES TO INSURANCE CONTRACTS SIMPLY BECAUSE THEY WERE INJURED BY AN INSURED, IN THE ABSENCE EXPRESS INTENT TO MAKE THOSE INJURED PERSONS PARTIES TO THE INSURANCE CONTRACT PRIOR TO THE INJURY (New Jersey Supreme Court)

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In Ross v. Lowitz, New Jersey’s Supreme Court reaffirmed the rule that an injured party has no direct rights against a tortfeasor’s insurer, absent an…