Liberty Mutual Insurance Company, Plaintiff-Appellant v. Rose Land and Frank Land, Defendants, and Steven Budge…

Summary

The Supreme Court of New Jersey held that the appropriate evidentiary burden for violations of the Insurance Fraud Prevention Act (IFPA) is a preponderance of the evidence, overturning the Appellate Division’s view that clear and convincing evidence applied. The Court reversed in part and remanded for further proceedings consistent with this standard, while dissenting judges argued for a higher burden.