FASTENBERG v. PRUDENTIAL INS. CO.


309 N.J. Super. 415 (1998)

DAVID FASTENBERG, PLAINTIFF-RESPONDENT, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, ARTHUR F. RYAN, WILLIAM F. YELVERTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1998.


Attorney(s) appearing for the Case

John J. Peirano, argued the cause for appellants (Carpenter, Bennett & Morrissey, attorneys; Mr. Peirano, of counsel and on the brief; James P. Lidon and Christopher J. Dalton, on the brief).

Peter J. Frazza, argued the cause for respondent (Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, attorneys; Donald P. Jacobs, on the brief).

Before Judges MUIR, Jr., KESTIN and CUFF.


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

In this case, we granted leave to appeal to review whether plaintiff's wrongful discharge and defamation claims against his former insurance company employer may proceed in a court of law or must be submitted to arbitration. We conclude that his claims do not fall within the "business of insurance" exception to the arbitration agreement executed by the parties and we reverse.

Plaintiff, David Fastenberg...

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