§Why CasetextPricing

Degennaro v. American Bankers Insurance Company of Florida et al

BRIEF in Opposition

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,472 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  3. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,745 times   56 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  4. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,225 times   14 Legal Analyses
    Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"

  5. Rova Farms Resort, Inc. v. Investors Insurance Co. of America

    65 N.J. 474 (N.J. 1974)   Cited 3,567 times   7 Legal Analyses
    Holding that an insurer has a duty to affirmatively negotiate settlement within policy coverage, but suggesting that an insurer is not liable if there was “no realistic possibility of settlement within policy limits”

  6. Gennari v. Weichert Co. Realtors

    148 N.J. 582 (N.J. 1997)   Cited 896 times   4 Legal Analyses
    Holding that a plaintiff can sufficiently plead an affirmative misrepresentation in violation of the CFA without allegations regarding defendant's intent or knowledge

  7. Bosland v. Warnock Dodge, Inc.

    197 N.J. 543 (N.J. 2009)   Cited 494 times   2 Legal Analyses
    Holding pre-suit demand of a refund of $20 overcharge is not necessary for CFA claim

  8. Randall v. Loftsgaarden

    478 U.S. 647 (1986)   Cited 276 times   1 Legal Analyses
    Holding that, in securities fraud cases, “ordinarily the correct measure of damages ... is the difference between the fair value of all that the plaintiff received and the fair value of what he would have received had there been no fraudulent conduct”

  9. Cox v. Sears Roebuck & Co.

    138 N.J. 2 (N.J. 1994)   Cited 647 times   8 Legal Analyses
    Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"

  10. Scherer v. Equitable Life Assur Soc'y, U.S.

    347 F.3d 394 (2d Cir. 2003)   Cited 463 times
    Holding that, as an affirmative defense, res judicata does not — except in rare circumstances not applicable here — affect a court's jurisdiction

  11. Section 56:8-1 - Applicability of C.56:8-1 et seq

    N.J. Stat. § 56:8-1   Cited 2,141 times   56 Legal Analyses
    Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

  12. Section 56:8-19 - Action, counterclaim by injured person; recovery of damages, costs

    N.J. Stat. § 56:8-19   Cited 643 times   12 Legal Analyses
    Requiring treble damages and attorney's fees

  13. Section 11:1-20.2 - Renewal, nonrenewal, and cancellation notice requirements

    N.J. Admin. Code § 11:1-20.2   Cited 27 times   1 Legal Analyses

    (a) No policy shall be nonrenewed upon its expiration date unless a valid written notice or nonrenewal has been mailed or delivered to the insured in accordance with the provisions of this subchapter. For the purpose of this subchapter, policies not having a fixed expiration date shall be deemed to expire annually on the anniversary of their inception. (b) Except as provided in N.J.A.C. 11:1-20.2(m) with respect to medical malpractice liability insurance policies, no notice of nonrenewal shall be

  14. Section 11:1-22.2 - Prohibitions

    N.J. Admin. Code § 11:1-22.2   Cited 2 times

    (a) The following acts or practices are specifically prohibited with respect to those policies subject to the provisions of this subchapter: 1. Effecting or attempting to effect a mid-term premium increase and/or a reduction in the amount or type of coverage provided under the policy unless prior written approval therefor has been obtained from the Commissioner. 2. Block nonrenewing entire lines or classes of insurance, except pursuant to a plan which: complies with (b) below; is submitted to the