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Rova Farms Cases Triable by Jury, the N.J. Supremes Ruled

N.J. Law Journal reports:

Bad-faith actions against insurers are essentially contract claims, and so a right to a jury trial exists, a unanimous state Supreme Court held on Tuesday.

That does not mean, however, that every such claim must go to a jury.

  • Unless a jury trial is requested at the start, the right is waived, and;
  • Even when it is requested, the parties can agree later to forgo a jury that a bench trial would be more appropriate, the Court said in Wood v. New Jersey Manufacturers Ins. Co., A-44-10

The 6-0 ruling resolves a question not addressed in the 37 years since the Court, in Rova Farms Resort Inc. v. Investors Ins. Co. of America, 65 N.J. 474 (1974), first recognized a right of recovery against a liability carrier that refuses in bad faith to settle claims within policy limits.

One of the all-time terrific jury deliberations

Read more…

Wood v NJM-A44-10-rova farms claims entitle to jury trial

Court to Decide if Rova Farm Claims are Amenable to Trial by Jury

Rova Farms Resorts v. Investors Insurance Company, 65 N.J. 474 (1974)

 

 

 

 

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  1. COURT TO DECIDE IF ROVA FARM CLAIMS ARE AMENABLE TO TRIAL BY JURY | Larry the N.J. Lawyer's Cogitations - May 31, 2012

    [...] Supreme Court subsequently decided that Rova Farms cases were triable by a jury. See “Rova Farms cases Triable by Jury”. [...]

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