Allstate New Jersey Insurance Company v. Lajara, A-5684-11T4; Appellate Division; opinion by Ostrer, J.A.D.; decided and approved for publication October 9, 2013. Before Judges Messano, Lihotz and Ostrer. On appeal from the Law Division, Union County, L-4091-08. [Sat below: Judge Grispin.] DDS No. 23-2-1573 [29 pp.]
On leave granted, defendants appeal from the trial court’s order (1) granting plaintiffs’ motion to withdraw their jury demand in their action under the Insurance Fraud Prevention Act; and (2) striking defendants’ jury demand. The act is silent on the right to trial by jury. Therefore, the appellate panel must determine whether the act implied that right, or whether the N.J. Constitution’s right to trial by jury encompasses a private action under the act.
