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GAYDOS INS. v. NATIONAL CONS. INS.

752 A.2d 356 (2000)

331 N.J. Super. 458

R.J. GAYDOS INSURANCE AGENCY, INC., t/a Schumacher Associates, Plaintiff-Appellant, v. NATIONAL CONSUMER INSURANCE COMPANY, The Robert Plan Corporation, The Robert Plan of New Jersey, Lion Insurance Company, Defendants-Respondents, and John Does 1-200, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 2000.

Attorney(s) appearing for the Case

Richard A. Grodeck for plaintiff-appellant (Feldman Grodeck, attorneys; Mr. Grodeck, on the brief).

Alan E. Kraus, Morristown, for defendant-respondent (Riker, Danzig, Scherer, Hyland & Peretti, attorneys; Mr. Kraus, of counsel; Robert J. Schoenberg and R.N. Tendai Richards, on the brief).

Before Judges BAIME, BROCHIN and WECKER.

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

The Fair Automobile Insurance Reform Act (N.J.S.A. 17:33B-1 to -64) (FAIRA) requires insurers to accept applications for automobile insurance submitted by all eligible persons, that is, those not falling within a statutorily defined poor risk category. N.J.S.A. 17:33B-15. The Act bars insurers from penalizing an agent by paying less than normal compensation because of the expected or actual loss...

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