The N.J. Consumer Fraud Act (CFA) is a powerful statute that protects the rights of consumers in various types of commercial transactions, allowing plaintiffs to recover treble damages and attorneys’ fees. A vexing question for lawyers is exactly how far it reaches. This holds true for those who practice in the field of insurance law.
While the N.J. Supreme Court has ruled that the CFA applies to the sale of insurance policies, in recent years courts have differed on whether it applies in the context of first-party insurance denials — that is, when a policyholder files a lawsuit against an insurance company due to its failure to pay insurance benefits.
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