Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Homeowner's Insurance Lawsuit

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Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

NEW JERSEY HOMEOWNER’S INSURANCE LAWSUITS AND NEW JERSEY HOMEOWNER’S INSURANCE BAD FAITH LAWSUITS

WHAT IS A NEW JERSEY HOMEOWNER’S INSURANCE LAWSUIT (ALSO CALLED A NEW JERSEY HOMEOWNER’S INSURANCE BAD FAITH LAWSUIT
A "first-party" claim against a New Jersey Homeowner’s Insurance Company is a New Jersey Homeowner lawsuit by a New Jersey Homeowner against the New Jersey Homeowner’s Insurance Company because of its failure to settle a New Jersey Homeowner’s claim, as opposed to a suit based on the New Jersey Homeowner’s Insurance Company’s failure to settle a third party tort claim for a reasonable sum. A New Jersey Homeowner’s Insurance Company owes a duty of good faith to its New Jersey Homeowner insured in processing a first-party claim. Every New Jersey Homeowner Insurance Contract imposes on each party the duty of good faith and fair dealing in its performance and its enforcement. In addition to the express terms of a New Jersey Homeowner’s Insurance Contract, the law provides that every New Jersey Homeowner Insurance Contract contains an implied covenant of good faith and fair dealing. This means that, even though not specifically stated in the New Jersey Homeowner’s Insurance contract, it is implied or understood that each party to the New Jersey Homeowner’s Insurance contract must act in good faith and deal fairly with the other party in performing or enforcing the terms of the New Jersey Homeowner’s Insurance contract. To act in good faith and deal fairly, a party must act in a way that is honest and faithful to the agreed purposes of the New Jersey Homeowner’s Insurance contract and consistent with the reasonable expectations of the parties. The New Jersey Homeowner Insurance Company commits bad faith, dishonestly, or with improper motive to destroy or injure the right of the other party to receive the New Jersey Homeowner’s Insurance benefits of the New Jersey Homeowner’s Insurance contract.

WHAT MUST THE NEW JERSEY HOMEOWNER PROVE TO WIN A NEW JERSEY HOMEOWNER’S INSURANCE BAD FAITH LAWSUIT?
First, the New Jersey Homeowner must prove that some type of contract existed between the parties. There can be no breach of the covenant of good faith and fair dealing unless the parties have a New Jersey Homeowner’s Insurance Contract. Second, the New Jersey Homeowner must prove that the New Jersey Homeowner’s Insurance Company acted in bad faith with the purpose of depriving the New Jersey Homeowner of rights or New Jersey Homeowner’s Insurance benefits under the New Jersey Homeowner’s Insurance contract. Third, the New Jersey Homeowner must prove that the New Jersey Homeowner’s Insurance Company’s conduct caused the New Jersey Homeowner to suffer injury, damage, loss or harm.

The Fairly Debatable Standard – The Basis For Finding A New Jersey Homeowner’s Insurance Company Engaged In Bad Faith In Failing To Pay A New Jersey Homeowner’s Insurance Claim
To show a New Jersey Homeowner’s Insurance bad faith claim, the New Jersey Homeowner must show the absence of a reasonable basis for denying New Jersey Homeowner’s Insurance benefits of the policy and the New Jersey Homeowner’s Insurance Company's knowledge or reckless disregard of the lack of a reasonable basis for denying the New Jersey Homeowner’s Insurance claim. The lack of a reasonable basis may be inferred and imputed to a New Jersey Homeowner’s Insurance Company where there is a reckless indifference to facts or to proofs submitted by the New Jersey Homeowner. The New Jersey Homeowner’s Insurance Company acts in bad faith in delaying the processing of a valid claim when: (1) the New Jersey Homeowner’s Insurance Company’s conduct is unreasonable, and (2) the insurer knows that the conduct is unreasonable or recklessly disregards the fact that the conduct is unreasonable.
Thus, for example, when a claim is lost in the computer, those processing the New Jersey Homeowner’s Insurance claim should not be penalized for their efforts when, through no intentional act, a claim runs afoul of the system. Neither negligence nor mistake is sufficient to show that the New Jersey Homeowner’s Insurance Company acted in bad faith.

What Damages Can A New Jersey Homeowner Recover In A New Jersey Homeowner’s Insurance Claim?
Under New Jersey contract law, a party who breaches a New Jersey Homeowner’s Insurance Contract is liable for all of the natural and probable consequences of the breach of the New Jersey Homeowner’s Insurance Contract. Compensatory damages are designed to put the injured New Jersey Homeowner in as good a position as he would have had if performance had been rendered as promised. Implicit in these principles is some notion of foreseeability – did the New Jersey Homeowner’s Insurance Company knew or should they have reasonably foreseen that the New Jersey Homeowners were "at risk" of economic loss in addition to the policy New Jersey Homeowner’s Insurance benefits and that "ascertainable economic damages would ensue from the conduct" of the New Jersey Homeowner’s Insurance Company? Absent egregious circumstances, no right to recover for emotional distress or punitive damages exists for the New Jersey Homeowner’s Insurance Company's allegedly wrongful refusal to pay a first-party New Jersey Homeowner’s Insurance claim.

New Jersey Homeowner’s Insurance Claims Summarized
A New Jersey Homeowner’s Insurance Company may be liable to a policyholder for bad faith in the context of paying New Jersey Homeowner’s Insurance benefits under a policy. The scope of that duty is not to be equated with simple negligence. In the case of denial of New Jersey Homeowner’s Insurance benefits, bad faith is established by showing that no debatable reasons existed for denial of the New Jersey Homeowner’s Insurance benefits. In the case of processing delay, bad faith is established by showing that no valid reasons existed to delay processing the New Jersey Homeowner’s Insurance claim and the New Jersey Homeowner’s Insurance Company knew or recklessly disregarded the fact that no valid reasons supported the delay. In either case (denial or delay), liability may be imposed for consequential economic losses that are fairly within the contemplation of the New Jersey Homeowner’s Insurance Company. New Jersey courts deciding New Jersey bad faith first part insurance cases carefully scrutinize the proofs of extra-contractual damages to insure that juries are not given potentially misleading items of evidence – the evidence of losses due to the New Jersey Homeowner’s Insurance Company’s bad faith must generally be connected with the provable losses that were fairly within the contemplation of the New Jersey Homeowner’s Insurance Company when it made its breach of good faith in processing the New Jersey Homeowner’s Insurance claim.

WHY SHOULD SPECIAL CIVIL PRO SE PARTIES SEEK HELP FROM A SPECIAL CIVIL LAWYER?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent Special Civil lawyer!
Many Special Civil pro se parties make the mistake of not consulting a Special Civil lawyer before filing Special Civil papers only to later learn that the Special Civil pro se parties made serious mistakes that could cause them to lose their Special Civil case. New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law. Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

CAN I RELY ON NEW JERSEY SMALL CLAIMS COURT PERSONNEL OR NEW JERSEY SPECIAL CIVIL COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY SPECIAL CIVIL PART FORMS PROVIDED BY THE NEW JERSEY SPECIAL CIVIL PART COURT?
The New Jersey Special Civil Part usually provides certain types of Special Civil legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Special Civil Part forms provided by the New Jersey Special Civil Part court – the Special Civil forms are often deceptively simple, while Special Civil Part cases often are much more complex than they first appear to be. There is simply no substitute for a competent Special Civil attorney licensed to practice law in New Jersey who has experience handling New Jersey Special Civil Part cases. Special Civil forms don’t talk and Special Civil forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey Special Civil Part case. Each New Jersey Special Civil Part case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey Special Civil trial attorney, it is best to have the Special Civil attorney prepare your New Jersey Special Civil Part paperwork for you.

NEED HELP WITH YOUR SPECIAL CIVIL CASE?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent Special Civil lawyer!
Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL CASE MYSELF?
Many people can and do successfully handle New Jersey Special Civil cases, from filing the first paperwork to the collection of a New Jersey Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their New Jersey Special Civil cases or that result in the entry of a New Jersey Special Civil money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey Special Civil case. The following are reasons to use a Special Civil lawyer to handle part or all of your New Jersey Special Civil case:
• New Jersey Special Civil fees often change
• New Jersey Special Civil rules often change
• New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Special Civil court forms available on websites may not cover every situation you may face in court
• each New Jersey Special Civil case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect New Jersey Special Civil complaints that result in the New Jersey Special Civil complaints or answers to New Jersey Special Civil complaints being rejected by the New Jersey Special Civil or being dismissed by the New Jersey Special Civil after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey Special Civil case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil case out of court or limiting what they can present at the New Jersey Special Civil trial.
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Special Civil trial.
• it is very common for courts to refuse to allow a party to use or refer to documents or items at the New Jersey Special Civil trial that the person themselves never prepared. Often parties stumble into New Jersey Special Civil with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a Special Civil judge tell the parties that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Special Civil. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Special Civil expecting the judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Special Civil case. The judge hearing your New Jersey Special Civil case is not permitted to give you legal advice.

It is important to remember that even if you have a Special Civil lawyer, you could lose your New Jersey Special Civil case. Hiring a Special Civil lawyer to handle part or all of your New Jersey Special Civil case does not guarantee your success. However, it may provide what is needed to win your New Jersey Special Civil case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY SPECIAL CIVIL CASES?
Yes. Paul DePetris has performed the following tasks:
• handled Special Civil Cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled Special Civil Cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Special Civil settlement agreements.
• enforced many New Jersey Special Civil settlement agreements.
• provided New Jersey Special Civil pro se parties with New Jersey Special Civil legal advice and prepared New Jersey Special Civil legal forms
• prepared and filed many New Jersey Special Civil complaints
• tried New Jersey Special Civil jury trials
• mediated many Special Civil Cases
• argued New Jersey Special Civil motions
• handled New Jersey Special Civil proof hearings
• handled New Jersey Special Civil post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
Atlantic County Bergen County Burlington County Camden County
Cape May County Cumberland County Essex County Special Gloucester County
Hudson County Mercer County Middlesex County Monmouth County
Morris County Ocean County Passaic County Salem County
Somerset County Sussex County Union County Warren County

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY SPECIAL CIVIL CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Special Civil Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
Atlantic County Special Civil Bergen County Special Civil Burlington County Special Civil Camden County Special Civil
Cape May County Special Civil Cumberland County Special Civil Essex County Special Civil Gloucester County Special Civil
Hudson County Special Civil Hunterdon County Special Civil Mercer County Special Civil Middlesex County Special Civil
Monmouth County Special Civil Morris County Special Civil Ocean County Special Civil Passaic County Special Civil
Salem County Special Civil Somerset County Special Civil Sussex County Special Civil Union County Special Civil
Warren County Special Civil

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE A SPECIAL CIVIL LAWYER TO HANDLE MY NEW JERSEY SPECIAL CIVIL CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Special Civil cases for an hourly fee, such as by offering to handle your New Jersey Special Civil case up to trial for a fixed fee or to help you handle your New Jersey Special Civil case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Special Civil case to a fixed sum, while providing you the help you need to handle your New Jersey Special Civil case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.


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