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GIRI v. MEDICAL INTER-INSURANCE

251 N.J. Super. 148 (1991)

597 A.2d 561

NARNI R. GIRI, M.D. AND NARNI R. GIRI, M.D., P.A., PLAINTIFFS-APPELLANTS, v. MEDICAL INTER-INSURANCE EXCHANGE OF NEW JERSEY AND NEW JERSEY STATE MEDICAL UNDERWRITERS, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1991.

Attorney(s) appearing for the Case

Igor Sturm, attorney for appellant (William C. MacMillan, on the brief).

Norris, McLaughlin & Marcus, attorneys for respondents (Kevin R. Jespersen, on the brief).

Before Judges PRESSLER, SKILLMAN and D'ANNUNZIO.

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

The issue presented by this appeal is whether a suit challenging the nonrenewal of an insurance policy on the ground that the insurer failed to comply with regulations of the Department of Insurance is "an action upon a liability or indemnity policy of insurance" within the intent of R. 4:42-9(a)(6), thus entitling a prevailing insured to obtain reimbursement of counsel fees from the insurer.

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