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BRESLIN v. LIBERTY MUTUAL INSURANCE COMPANY

134 N.J. Super. 357 (1975)

341 A.2d 342

MICHAEL J. BRESLIN, JR. AND BRESLIN & BRESLIN, ESQS., PLAINTIFFS-RESPONDENTS, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT. JOHN M. ARCADIPONE, PLAINTIFF-RESPONDENT, v. WESTWOOD FORD AND JAMES A. PETERSON, DEFENDANTS-RESPONDENTS, AND CONNECTICUT GENERAL LIFE INSURANCE COMPANY, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1975.

Attorney(s) appearing for the Case

Mr. John R. Kingsland argued for appellant Liberty Mutual Insurance Company (Mr. Frank R. Cinquina on the brief).

Mr. Frank R. Cinquina argued for intervenor-appellant Connecticut General Life Insurance Company (Messrs. Schwartz and Andolino, attorneys).

Mr. Paul A. Dykstra argued for respondents Breslin & Breslin and Michael J. Breslin, Jr. (Messrs. Breslin & Breslin, attorneys; Mr. E. Carter Corriston of counsel and on the brief).

Mr. Marc Isenberg argued for respondent Arcadipone (Mr. Philip C. Geibel, attorney; Mr. Peter Peletz, Jr. of counsel).

Before Judges LYNCH, ALLCORN and FURMAN.

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

The ultimate issue in these consolidated appeals is whether attorneys' fees are deductible from the lien asserted by a disability insurance carrier against a covered employee's recovery in a third-party action. As will be seen below, our resolution of that issue turns on the resolution of a conflict between New York and New Jersey law.

The trial judge, whose thoughtful opinion is reported at

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