NJ Supreme Court Decision Raises Questions About Consumer Fraud Act Exposure for Insurance Professionals

By Brad D. Feldman, Gregory D. Herrold and James Hearon

In a unanimous opinion, Lowe v. Audet, __ N.J. ___ (2026) (slip op.), the New Jersey Supreme Court held that insurance brokers, producers, and agents are not exempt from the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1, under the judicially created “learned professional” exemption, as semi-professionals or otherwise. The Court’s opinion will have an immediate impact on the insurance industry in New Jersey, subjecting insurance brokers, agents, and producers to potential liability under the CFA, one of the nation’s strongest consumer protection laws.

Read the full article published in The New Jersey Law Journal on the Duane Morris LLP website.

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