Marlton, NJ (PRWEB) March 20, 2013
Now entering its sixth year of battle on this case, attorney Richard J. Hollawell of Console & Hollawell, P.C. will get to plead his case in Badiali v. New Jersey Manufacturers Insurance Group (Supreme Court of New Jersey 071931) in front of the New Jersey Supreme Court. The New Jersey Supreme Court granted certiorari, indicating that they will review the case, on March 11, 2013. Hollawell is extremely pleased with the Supreme Court’s decision to hear the case, and feels it is a step in the right direction for consumer rights.
“From the very beginning, we felt so strongly about the improper actions that were taken in bad faith by the insurance company in this case,” Hollawell said. “We have come all the way to this point and we are happy that the Supreme Court recognizes that there is a serious issue in this case.”
In late 2012, Hollawell achieved another major win in the Badiali matter when the New Jersey Appellate Court ruled that New Jersey Manufacturers erred when they failed to pay a claim stemming from a binding arbitration that was less than $15,000 (A-2795-11T3). New Jersey Manufacturers felt it had the right to reject paying its portion of the arbitration award because the total amount of the arbitration award exceeded $15,000 even though the portion it was responsible for was less than $15,000, contrary to New Jersey law. The Appellate Division agreed with Hollawell that New Jersey Manufacturers could not attempt to reject the arbitration award when its share was less than $15,000.
This grant of certiorari comes on the heels of a recently introduced bill in the New Jersey state legislature proposing to protect insurance policy holders from the kinds of bad faith tactics being fought in the Badiali matter. The Consumer Protection Act of 2012* was introduced in January and “establishes a private cause of action for insureds or their assignees regarding unfair practices in the settlement or attempted settlement of insurance claims arising out of property and casualty insurance policies.”
The bill goes on to propose provisions that would protect the policyholder from unfair claims practices.
Hollawell and his team at Console & Hollawell, P.C. were additionally satisfied to receive the certification from the Supreme Court because only 10 percent or less of cases that request certification from the high court receive it, according to the Supreme Court website.** Mr. Hollawell was additionally pleased by the proposed legislation as he feels the playing field has for too long bit tipped in the favor of the insurance companies, to the detriment of New Jersey policyholders.
“This battle that we have been engaged in on behalf of our client with NJM started in 2007, and the fact that the Supreme Court has agreed to review the issues that are being complained about by Mr. Badiali is very encouraging,” Hollawell said. “It’s satisfying to see that since our battle began, there are other efforts taking place in New Jersey, like the recent proposed legislation, that address a very serious issue here in New Jersey—the inequality and the unbalanced power between the insurance companies and their policy holders.”
To view Mr. Hollawell’s Supreme Court brief in Badiali visit: http://www.consoleandhollawell.com/uploads/Badliali%20-Supreme-Court-Brief.pdf.
The Supreme Court certification can be found here: http://www.consoleandhollawell.com/uploads/Badliali%20v%20NJM%20Order%20for%20Certification%203-13-13.pdf.