MYRON CORPORATION V. ATLANTIC MUTUAL INSURANCE CO.
(SUPPREME COURT OF NEW JERSEY, JULY 27, 2010)
New Jersey Rule 4:42-9(a)(6) allows fee shifting in “an action upon a liability or indemnity policy of insurance in favor of a successful claimant.” The insured, a New Jersey company, was sued for blast faxes sent allegedly in violation of the Telephone Consumer Protection Act of 1991 and Illinois consumer protection laws. It sought defense and indemnity from its insurer, who defended under a reservation of rights.
When …
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