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WEINISCH v. SAWYER

123 N.J. 333 (1991)

587 A.2d 615

BIBI WEINISCH, A/K/A BOB WAYNE, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. THOMAS E. SAWYER AND ALLSTATE INSURANCE COMPANY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 14, 1991.

Attorney(s) appearing for the Case

David J. D'Aloia argued the cause for appellants and cross-respondents (Saiber, Schlesinger, Satz & Goldstein, attorneys; David J. D'Aloia and Joan M. Schwab, on the briefs).

Christopher J. Hanlon argued the cause for respondent and cross-appellant (Gross & Hanlon, attorneys; Gary S. Bernstein, on the briefs).

The opinion of the Court was delivered by POLLOCK, J.

This case requires us to decide whether reformation is the appropriate remedy when an insurance agent negligently fails to inform an insured about available coverage, and if so, whether the insured is nonetheless entitled to a jury trial. Plaintiff, Bibi Weinisch, a/k/a Bob Wayne, sued his insurer, Allstate Insurance Company (Allstate), and its agent, Thomas E. Sawyer, for their failure to inform him of the availability...

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