In a 2013 decision that only recently was approved for publication, a New Jersey trial judge ruled in a case of first impression that the state’s consumer fraud statute doesn’t apply to medical-malpractice insurance.
“Medical malpractice insurance, because of its nonavailability to the general public, is not subject to the strictures of the” New Jersey Consumer Fraud Act, Middlesex County Superior Court Judge Barry Weisberg wrote in Khan v. Coventus Inter-Insurance Exchange.
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