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BELFATTO v. MASSACHUSETTS BONDING AND INS. CO.

39 N.J. Super. 507 (1956)

121 A.2d 431

PERRY E. BELFATTO, PLAINTIFF, v. MASSACHUSETTS BONDING AND INSURANCE COMPANY, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN NEW JERSEY, AND COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J., AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 15, 1956.

Attorney(s) appearing for the Case

Mr. Louis C. Jacobson, attorney for plaintiff.

Mr. Paul J. O'Neill, attorney for defendant Massachusetts Bonding and Insurance Co.

Messrs. Lum, Fairlie & Foster, attorneys for defendant Commercial Insurance Company of Newark.

DREWEN, J.C.C. (temporarily assigned).

The question is whether settlement of a third-party action brought by an injured workman under the provisions of N.J.S.A. 34:15-40 may, on the workman's part, be carried out upon his own authority and right as sui juris plaintiff in the cause; or whether acceptance of a settlement proffered the workman requires, under the statute mentioned, approval by a compensation...

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