Bibi Weinisch, A/K/A Bob Wayne, Plaintiff-Respondent and Cross-Appellant v. Thomas E. Sawyer and Allstate Insurance…

Summary

The Supreme Court of New Jersey held that when an insurer's agent negligently fails to inform an insured of available higher underinsured motorist coverage, the proper remedy is reformation of the insurance policy, and that such an equitable remedy does not entitle the insured to a jury trial. Accordingly, the Court reversed the Appellate Division and reinstated the trial court's judgment dismissing the complaint.