Bardis v. First Trenton Insurance

In this case, plaintiffs sued their underinsured motorist (UIM) coverage carrier, First Trenton Insurance Co. (First Trenton), for uncompensated damages from an automobile accident caused by Joseph Bologna. With the trial court’s approval, the attorney defending First Trenton misrepresented to the jury that his client was the tortfeasor, Bologna, and not the insurance company. That deception, echoed by the trial court, was intended to hide from the jury the fact that the case was about insurance coverage. The majority now holds that the deception that occurred in this case is a permissible…