LUTZ v. ROYAL INS. CO. OF AMERICA


245 N.J. Super. 480 (1991)

586 A.2d 278

FRANKLIN D. LUTZ, PLAINTIFF-APPELLANT, v. ROYAL INSURANCE COMPANY OF AMERICA; LINDA E. CARY, INDIVIDUALLY AND IN HER CAPACITY AS REGIONAL MANAGER OF ROYAL INSURANCE COMPANY; W.P. BUCKLEMAN, INDIVIDUALLY AND IN HIS CAPACITY AS PROCESSING CENTER MANAGER FOR ROYAL INSURANCE COMPANY; AND DONNA POE, INDIVIDUALLY AND IN HER CAPACITY AS AN EMPLOYEE AND AGENT OF ROYAL INSURANCE COMPANY, DEFENDANTS-RESPONDENTS, AND CLARENCE LOFBERG, INC., A NEW JERSEY CORPORATION; RICHARD LOFBERG, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF EXECUTIVE OFFICER OF CLARENCE LOFBERG, INC.; PAUL LOFBERG, INDIVIDUALLY AND IN HIS CAPACITY AS PRESIDENT OF CLARENCE LOFBERG, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1991.


Attorney(s) appearing for the Case

Mark Diana argued the cause for the appellant (Shanley & Fisher, attorneys; Patrick M. Stanton and Mark Diana, on the brief).

Walter E. Monaghan argued the cause for the respondent, Royal Insurance Company of America, Linda E. Cary, Individually, W.P. Buckleman, Individually and Donna Poe, Individually (Haggerty, Donohue & Monaghan, attorneys; Walter E. Monaghan, on the brief).

Before Judges O'BRIEN, SCALERA and KEEFE.


The opinion of the court was delivered by KEEFE, J.A.D.

Plaintiff Franklin D. Lutz appeals from the entry of summary judgment dismissing his complaint for defamation and tortious interference resulting from the Law Division judge's determination that the communications of which plaintiff complained were non-actionable "pure" opinions and that plaintiff failed to present sufficient evidence of defendants' malice with...

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