New Jersey partner Dennis Kearney and associate Denise Rosenhaft obtained a defendant's verdict January 21 in an insurance fraud case tried before Judge Paul Innes and a jury of eight in Mercer County, NJ, Superior Court.
The case, New Jersey Re-Insurance Company v. Wilkens Vincent, et al., involved claims brought by the plaintiff under the New Jersey Insurance Fraud Prevention Act as well as common law claims alleging civil conspiracy and civil aiding and abetting against Day Pitney's client, a chiropractor.
Plaintiff New Jersey Manufacturers, of which New Jersey Re-Insurance is a part of, was seeking $1.3 million in compensatory damages, trebled under the fraud statute, and legal fees. Dennis and Denise obtained a directed verdict on the civil aiding and abetting count, and the jury considered three counts: violation of the New Jersey Insurance Fraud Prevention Act (kickbacks under the Self-Referral Act), violation of the New Jersey Insurance Fraud Prevention Act (billing for services not rendered) and civil conspiracy.
Following six days of trial it took the jury just one hour to return a unanimous verdict of "No Cause" on every count. The verdict has even wider significance given that the President of the Society of Insurance Fraud Investigators attended every day of the trial. A loss would have likely subjected the client to additional actions by other carriers.