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 violations of the Insurance Fraud Prevention Act must be proven by a preponderance of the evidence, reversing the Appellate Division and remanding for further proceedings. The Court overruled the prior Harleysville decision and reasoned that the statute’s silence on the evidentiary burden, its remedial purpose, and analogous statutes indicate the traditional civil standard applies. Justice Albin dissented, arguing that the severe penalties warrant a clear and convincing standard.