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PICKETT v. LLOYD'S

131 N.J. 457 (1993)

621 A.2d 445

BURTON PICKETT, PLAINTIFF-RESPONDENT, v. LLOYD'S (A SYNDICATE OF UNDERWRITING MEMBERS) AND PEERLESS INSURANCE AGENCY, INC., DEFENDANT-APPELLANTS, AND ROBERT K. KAST ASSOCIATES, DEFENDANT.

The Supreme Court of New Jersey.

Decided March 15, 1993.

Attorney(s) appearing for the Case

Anthony P. Pasquarelli argued the cause for appellants (Methfessel & Werbel, attorneys).

Roger W. Thomas argued the cause for respondent (Dolan & Dolan, attorneys; F. Clifford Gibbons, on the brief).

David J. D'Aloia submitted a brief on behalf of amicus curiae, National Association of Independent Insurers (Saiber, Schlesinger, Satz & Goldstein, attorneys; Mr. D'Aloia and Joan M. Schwab, on the brief).

The opinion of the Court was delivered by O'HERN, J.

The question in this case is whether an insurance carrier's bad-faith failure to pay collision damage benefits to an insured over-the-road trucker for a tractor-trailer truck that was totally destroyed can be the basis of an action for damages in excess of the policy benefits for the value of the truck. We hold that our law does recognize such a cause of action when the failure to pay the policy results from a denial...

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