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GIRI v. RUTGERS CAS. INS. CO.

273 N.J. Super. 340 (1994)

641 A.2d 1112

NARNI R. GIRI, M.D., PLAINTIFF-APPELLANT, v. RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT/THIRD-PARTY PLAINTIFF/RESPONDENT/CROSS-APPELLANT, v. MEDICAL INTER-INSURANCE EXCHANGE OF NEW JERSEY, THIRD-PARTY DEFENDANT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1994.

Attorney(s) appearing for the Case

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

Susan L. Moreinis argued the cause for respondent Rutgers Casualty Insurance Company (Ms. Moreinis, on the brief).

Robert D. Rhoad argued the cause for respondent Medical Inter-Insurance Exchange of New Jersey (Dechert Price & Rhoads, attorneys; George G. O'Brien and Mr. Rhoad, on the brief).

Before Judges KING, HAVEY and ARNOLD M. STEIN.

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

I

Plaintiff, Narni R. Giri, M.D., a neurosurgeon, appeals from a judgment of dismissal in his malicious civil prosecution action against Rutgers Casualty Insurance Company (Rutgers), an automobile liability insurance carrier. Dr. Giri's suit was based on Rutgers' unsuccessful medical malpractice suit against him purportedly brought on behalf of its insured, Jean Ann Affrunti. The malpractice action...

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