Just When You Thought You Understood New Jersey Allocation Law: Implications,Limitations, and Complications in Applying Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n

The New Jersey Supreme Court's recent decision in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association holding that a 2004 statutory amendment requires all solvent triggered liability policies be exhausted before the Guaranty Association pays statutory benefits for an insolvent's share has created many uncertainties in allocating long-tail liabilities. This article discusses the implications and the significant limitations of the Farmers Mutual decision and the questions it leaves unanswered, and responds to arguments that the decision supports revisiting other situations where New Jersey's Owens-Illinois methodology allocates losses to the insured.     

The power of policing partnerships: sustaining the gains

Objectives

Third Party Policing (TPP) involves partnerships between police and third parties where the legal powers of third parties are harnessed to prevent or control crime problems. This paper explores the characteristics and mechanisms of TPP as a crime control strategy, focusing on how the partnership approach in policing can help sustain crime control gains over the long run. Using the ABILITY Truancy Trial as an example, I examine how policing can contribute to long-term social change for high-risk young people living in poor-performing school districts and high-risk communities.

Methods

The ABILITY Trial includes 102 young truants randomly allocated to a control (business-as-usual) or an experimental condition. The experimental condition activates the key theoretical components of Third Party Policing (TPP): a partnership between police and participating schools that activates and escalates (where needed) jurisdictional truanting laws (the legal lever).

Results

The paper presents a theoretical discussion of TPP and uses the ABILITY Trial to highlight the way TPP works in practice. Baseline data are presented for the ABILITY Trial. Outcome results are not presented.

Conclusions

Third Party Policing partnerships rest on the capacity of police to build relationships with third parties who have a stake in the crime problem, who possess responsive regulation legal levers, and who have a clear mandate to offer long-term solutions and help sustain the crime control gains. Partnerships, I argue, offer long-term solutions for police because they activate latent mechanisms, building the capacity for third parties to both maintain short-term gains and sustain the crime control gains beyond the lifespan of the initial police intervention.