Allstate New Jersey Insurance Company, Allstate Insurance Company, Allstate Indemnity Company, Allstate Property and…

Summary

The Supreme Court of New Jersey held that a civil defendant in a private action under the Insurance Fraud Prevention Act is entitled to a trial by jury under Article I, Paragraph 9 of the New Jersey Constitution. The Court reasoned that the statutory remedies are legal in nature and the cause of action is analogous to common‑law fraud, and therefore reversed the Appellate Division and remanded for a jury trial.