Allstate New Jersey Ins. Co. v. Gregorio Lajara (073511)

In this appeal, we must decide whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30, has a right to trial by jury. The trial court determined that, in an action arising under the IFPA, neither the statutory scheme nor the New Jersey Constitution grants a civil defendant the right to a jury trial. The Appellate Division affirmed. Allstate N.J. Ins. Co. v. Lajara, 433 N.J.Super. 20, 44, 77 A.3d 491 (App.Div.2013).

We now reverse. The right to a civil jury trial is one of the oldest and most fundamental of rights.…