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LIBERTY MUT. INS. CO. v. LAND

892 A.2d 1240 (2006)

186 N.J. 163

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Rose LAND and Frank Land, Defendants, and Steven Budge, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 14, 2006.

Attorney(s) appearing for the Case

Mauro C. Casci, Leonardo, argued the cause for appellant (Mr. Casci, attorney; Russell Macnow, Colts Neck, on the brief).

Steven A. Budge, argued the cause for respondent, pro se.

John C. Grady, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Grady and Jeffrey R. Caccese, Deputy Attorney General, on the brief).

Robert B. Hille, Secaucus, argued the cause for amicus curiae New Jersey State Bar Association (Stuart A. Hoberman, President, Woodbridge and Mr. Hille, attorneys; Mr. Hoberman, of counsel; Mr. Hille, Mr. Hoberman, James A. McFaul and Megan M. Roberts, Secaucus, on the brief).

Justice ZAZZALI delivered the opinion of the Court.

In this appeal, we must determine the appropriate standard of proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30. In December 2000, a tree fell onto the cabin of defendants Rose and Frank Land. Following the accident, the Lands and co-defendant Steven Budge, who is the Lands' nephew and a licensed public adjuster, submitted a claim of loss to plaintiff Liberty Mutual Insurance...

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