Merin v. Maglaki

Acknowledging at the outset that the appeal presents a close call and that the Court’s approach assuredly is plausible, I nevertheless would affirm substantially on the basis of the Appellate Division’s opinion, which in turn relied on the trial court’s letter opinion. Unlike the majority, I do not find in the plain language of the New Jersey Insurance Fraud Prevention Act (the Act), N.J.S.A. 17:33A-1 to -14, the answer to the question presented — whether, when a person commits multiple violative acts in support of a single fraudulent insurance claim, the civil penalty under the Act should be…