Insurer’s Common-Law Fraud Claim Dismissed; New Jersey Statutory Fraud Claim Survives

Mealey's ( February 1, 2023, 7:26 AM EST) -- CAMDEN, N.J. — Because an insured construction company’s duty to accurately report the number of vehicles it owns and to pay policy premiums stems from its insurance policies, the company’s alleged misrepresentations about the number of vehicles it owns “are embodied within specific contractual terms,” a federal judge in New Jersey ruled, granting the company’s motion to dismiss an insurer’s common-law fraud claim against it as barred by the economic loss doctrine....