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HARLEYSVILLE INS. CO. v. DIAMOND

818 A.2d 354 (2002)

359 N.J. Super. 34

The HARLEYSVILLE INSURANCE COMPANY, Plaintiff, v. Robert DIAMOND, Irvington Leasing, Inc., B & M Diamond, Inc., Bobby Diamond Complete Automotive Repair, Defendants.

Superior Court of New Jersey, Law Division.

July 17, 2002.

Attorney(s) appearing for the Case

H. George Avery for plaintiff (McElroy, Deutsch & Mulvaney, attorneys).

Robert W. McAndrew, New Brunswick, for defendants.

VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

This is an action to void an insurance policy and also to obtain treble damages under the New Jersey Insurance Fraud Prevention Act ("Act"), N.J.S.A. 17:33A-1 to -30, based upon plaintiff's allegation that defendants fraudulently induced plaintiff to pay for an alleged stolen limousine. The issue involved in this opinion supplements a decision made during the trial as to the proper standard of...

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