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Questions Remain as to Newly Enacted Insurance “Bad Faith” Law

Closeup of crashed car in car accident

In January 2022, Governor Murphy signed into law the New Jersey Insurance Fair Conduct Act (IFCA). This statute gives individuals the right to bring lawsuits against insurance carriers for the “unreasonable delay” or “unreasonable denial” of uninsured/underinsured motorist (UM/UIM) benefits.

The IFCA is sure to have a major impact on UM/UIM claims that arise out of auto accidents. One central question that remains is whether the law applies to car accidents that occurred before the IFCA was enacted. In legal circles, this question is known as whether the statute applies “retroactively.” This issue is being litigated in New Jersey courts, and Scirocco Law is handling an appeal before the Appellate Division that addresses this very question. If you would like to speak with an attorney about an auto accident, the IFCA, and/or a UM/UIM claim, please be sure to contact our office for a consultation.