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June 24, 2014
Supreme Court of New Jersey Grants Motion For Leave To Appeal
Written By: Gerard H. Hanson and Todd J. Leon
On June 23, 2014, the Supreme Court of New Jersey entered an order agreeing to hear an appeal filed by Hill Wallack LLP attorneys Todd J. Leon and Gerard H. Hanson on behalf of the Medical Malpractice Joint Underwriting Association of Rhode Island (“RI JUA”).
By way of its appeal, the RI JUA is asking the Supreme Court to reverse a decision of the Appellate Division, which issued an opinion requiring the RI JUA to provide the full amount of its policy’s coverage despite an admitted fraud in the application by the insured. More specifically, the appellate court held that, although the RI JUA was entitled to void the podiatric malpractice policy that it issued to a doctor based upon the doctor’s material misrepresentation that more than 51% of his practice was generated in Rhode Island, the relief afforded to the RI JUA would be that the limits of the policy were reformed from the original amount of the policy ($1 Million) to the statutorily-mandated amount of coverage in New Jersey (also $1 Million).
The Supreme Court of New Jersey has agreed to hear the issue. A date for argument has not yet been scheduled, though it is expected to be held in the Fall of 2014. Click here for a copy of the Order entered by the Court.
For questions or more information on this case please contact partners Gerard H. Hanson and Todd J. Leon.
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