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LIEBERMAN v. EMPLOYERS INSURANCE OF WAUSAU

171 N.J. Super. 39 (1979)

407 A.2d 1256

HOWARD LIEBERMAN, M.D., PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. EMPLOYERS INSURANCE OF WAUSAU, DEFENDANT-RESPONDENT AND CROSS-RESPONDENT, AND ROBERT MCDONOUGH, ESQ., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Supplemental Memoranda Received September 19 and 21, 1979.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Mr. Leonard Rosenstein argued the cause for appellant, Robert McDonough (Messrs. Feuerstein, Sach & Maitlin, attorneys; Mr. Rosenstein on the brief).

Mr. Leonard J. Felzenberg argued the cause for respondent and cross-appellant Howard Lieberman (Mr. Felzenberg and Mr. Richard A. Feldman on the brief).

Mr. James C. Orr argued the cause for respondent Employers Insurance of Wausau (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Orr of counsel; Mr. Robert F. Priestley on the brief).

Before Judges SEIDMAN, MICHELS and DEVINE.

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

Howard Lieberman, a physician, instituted a suit for damages against Employers Insurance of Wausau (Employers), from whom he had obtained a professional liability insurance policy, and Robert McDonough, an attorney retained by the insurance company to represent him in the defense of a medical malpractice action. He charged that the insurer breached the contract by settling the malpractice claim without his...

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