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FRANKEL v. ST. PAUL FIRE INS.

759 A.2d 869 (2000)

334 N.J. Super. 353

ALAN H. FRANKEL, D.M.D., P.A., Plaintiff-Appellant/Cross-Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 2000.

Attorney(s) appearing for the Case

James P. Savio, Absecon, argued the cause for appellant/cross-respondent.

Paul Daly argued the cause for respondent/cross-appellant (Hardin, Kundla, McKeon, Poletto & Polifroni, attorneys; Joseph R. Lowicky, Springfield, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

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

Defendant, St. Paul Fire and Marine Insurance Company (St.Paul) furnished plaintiff, Dr. Alan Frankel, a dentist, with professional liability coverage under its Professional Office Package. The policy reserved to the insurer the right to investigate, negotiate and settle any suit or claim. There was no provision requiring consent to settle on the part of the insured. St. Paul settled a malpractice claim against...

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