COURT REJECTS BELATED EFFORT TO AMEND COMPLAINT TO ADD BAD FAITH CLAIM (New Jersey Federal)

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Similar to the Pennsylvania Superior Court case summarized last Friday, New Jersey District Court Judge Waldor rejected the plaintiff insured’s effort to belatedly amend the complaint to include a New Jersey bad faith insurance claim, and a claim under the Consumer Fraud Act.

The plaintiff insured failed to seek amendment within the time set by the court’s scheduling order.  The alleged facts plaintiff relied on in moving to amend were already alleged or known before the deadline. Thus, plaintiff could neither show a good faith reason for failing to meet the deadline, nor the reasonable diligence needed to extend the deadline for amending his complaint.

Date of Decision: February 25, 2021

Arzadi v. Evanston Insurance Company, U.S. District Court District of New Jersey No. 2:17CV5470 SDWCLW, 2021 WL 753970 (D.N.J. Feb. 25, 2021) (Waldor, J.)

 

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