Plaintiff, a resident of New Jersey, commenced this action for breach of contract and violation of the New Jersey Consumer Fraud Act (NJCFA) when, after paying him disability benefits for two years, defendant determined after an investigation that he was no longer fully disabled and ceased paying him benefits. Defendant moved to dismiss plaintiff's claim for punitive damages on both counts, as well as his NJCFA claim. The parties concede that New Jersey law governs.
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