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PLEMMONS v. BLUE CHIP INS. SERVICES, INC.

904 A.2d 825 (2006)

387 N.J. Super. 551

Robert A. PLEMMONS, Plaintiff-Appellant/Cross-Respondent, v. BLUE CHIP INSURANCE SERVICES, INC. a/k/a Blue Chip Insurance, and Nelson Pullaro, Defendants-Respondents/Cross-Appellants, and Borough of Audubon, Shirley Himmelman and Claire Remenicky, Defendants-Respondents, and Preserver Insurance Company, Nico Electric, Marshall Williams, Bell Supply Company, Biggs Quality Painting, Timothy M. Biggs, and Robert Scouler, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 21, 2006.

Attorney(s) appearing for the Case

F. Michael Daily, Jr. argued the cause for appellant/cross-respondent.

Nancy L. Siegel, Cherry Hill, argued the cause for respondents/cross-appellants (White and Williams, attorneys; Ms. Siegel, of counsel and on the brief, Robert E. Campbell, on the brief).

William J. Martin, Westmont, argued the cause for respondent Borough of Audubon (Martin, Gunn & Martin, attorneys; Burchard S. Martin, of counsel and on the brief, William J. Martin, on the brief).

Timothy J. Galanaugh, Philadelphia, PA, argued the cause for respondents Shirley Himmelman and Claire Remenicky (Murphy & O'Connor, attorneys; Mr. Galanaugh, on the brief).

Before Judges SKILLMAN, AXELRAD and SABATINO.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether an insurance broker may be subject to liability under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. We conclude that an insurance broker is a semi-professional, who is subject to testing, licensing and regulation under other statutory provisions, and therefore is excluded from liability under the CFA for the performance of brokerage...

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