VAN HOUTEN v. N.J. MANUFACTURERS INS. CO.


159 N.J. Super. 208 (1978)

387 A.2d 419

CORNELIUS VAN HOUTEN, PLAINTIFF, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, District Court, Passaic County.

April 10, 1978.


Attorney(s) appearing for the Case

Mr. Alfred E. Fontanella for plaintiff (Messrs. Fontanella, Shashaty, Leonard & Harris, attorneys).

Ms. Linda A. Palazzolo for defendant (Messrs. McElroy, Connell, Foley & Geiser, attorneys).


REISS, P.J.D.C.

The issue before this court is whether a party to a settlement may be awarded counsel fees under R. 4:42-9 (a) (6).

This case arose when plaintiff sued his wife's insurance carrier for failure to provide personal injury protection coverage for his medical expenses and loss of income after an auto accident occurring on February 28, 1977. On October 24, 1977 the parties settled the matter before proceeding to trial.1...

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