Supreme Court of New Jersey

James P. Bowler, Plaintiff-Appellant v. Fidelity & Casualty Company of New York, Defendant-Respondent

March 3, 196953 N.J. 313

Summary

The New Jersey Supreme Court reversed the Appellate Division, held that the insurer was equitably estopped from invoking the six‑year statute of limitations because of its bad‑faith conduct, and reinstated the trial court’s summary judgment for the 200th‑week benefit with interest. It also accepted the insurer’s interpretation that the Article 3 benefit is payable in a lump‑sum and remanded for a trial on the remaining issue of total and permanent disability.