NJ court docket blocks IFCA discovery in opposition to GEICO earlier than UIM decision


On the trial court docket stage, each insurers moved to pause the unhealthy religion and IFCA claims till the UIM protection disputes had been sorted out, counting on well-established New Jersey precedent that treats unhealthy religion discovery as untimely whereas the underlying declare stays unresolved. Allstate sought dismissal of the claims with out prejudice pending decision of the UIM dispute, whereas GEICO filed an software to sever and keep. Within the Allstate matter, the trial court docket dismissed the frequent regulation unhealthy religion declare by consent however denied dismissal of the IFCA declare. Within the GEICO matter, the trial court docket initially granted the severance and keep software, however reversed course on reconsideration after the plaintiff argued the court docket had didn’t account for the importance of the IFCA. The consequence, in each instances, was that the IFCA claims had been allowed to proceed alongside the unresolved UIM disputes.

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