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Most insurance companies in New Jersey and their employees are honest businesspeople. However, sometimes insureds butt heads with their business, homeowners’ or auto insurance company. The claims process is taking too long or the adjuster does not return phone calls. Or maybe the company denied the claim or made a low-ball offer. If you feel the insurance company treated you unfairly, can you sue a New Jersey insurance company for bad faith … [Read more...] about Can You Sue a New Jersey Insurance Company for Bad Faith Conduct?
Commercial Litigation
Enforcement of Arbitration Agreements in New Jersey
Companies in various industries in New Jersey frequently include arbitration agreements in their contracts with employees, vendors and/or customers. Binding arbitration agreements are found in construction contracts, sales agreements, service agreements, employment contracts, and brokerage account agreements, to name a few. As a result, extensive case law has developed regarding the enforcement of arbitration agreements in New … [Read more...] about Enforcement of Arbitration Agreements in New Jersey
New Jersey Offer of Judgement Rule
The New Jersey offer of judgment rule (New Jersey Court Rule 4:58) is a powerful tool that can incentivize litigants to resolve civil cases before trial. If successful, it saves both sides from expending further time, litigation costs, and attorneys’ fees. Additionally, it can compel plaintiffs to take a hard look at the value of their case or for defendants, the amount of exposure they could potentially face. How Does the New Jersey Offer of … [Read more...] about New Jersey Offer of Judgement Rule
Bad Faith Conduct by New Jersey Auto Insurance Companies to Be Punished
In January 2022, Governor Murphy signed into law the New Jersey Insurance Fair Conduct Act (IFCA). The IFCA lets persons who make uninsured motorist/underinsured motorist (UM/UIM) claims sue for bad faith conduct by New Jersey auto insurance companies. The IFCA enables persons who make UM/UIM claims to sue their insurance carrier in three situations: When the insurance carrier “unreasonably” denies a claim for coverage or benefits; … [Read more...] about Bad Faith Conduct by New Jersey Auto Insurance Companies to Be Punished
Oppressed Minority Shareholder Statute
Unfortunately, shareholders in small corporations, often family-run businesses, can have shareholder disputes that result in bruised egos and hurt feelings. Shareholders can make claims of mismanagement. Minority shareholders may have very little say in the day-to-day operation of the business. They may feel the controlling shareholders are abusing their authority by failing to pay dividends or by paying themselves overly generous salaries, … [Read more...] about Oppressed Minority Shareholder Statute