Liberty Mutual Insurance v. Land

The majority has determined that the lowest burden of proof— the preponderance of evidence standard—should apply in cases prosecuted by insurance companies under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30, despite the lack of any language in the IFPA that suggests such a standard. The majority divines that standard by unnecessarily and vainly searching for a legislative intent when, apparently, the Legislature did not give a second thought to the subject. “Because both the language of the statute and its legislative history are silent concerning the applicable…