ADEN v. FORTSH


776 A.2d 792 (2001)

169 N.J. 64

Benjamin ADEN and Beatrice Aden, Plaintiffs-Appellants, v. Robert F. FORTSH, Defendant-Respondent, and Johl & Company, Inc., Defendant.

Supreme Court of New Jersey.

Decided July 18, 2001.


Attorney(s) appearing for the Case

Louis Smith, Burlington, argued the cause for appellants (LeBoeuf, Lamb, Greene & MacRae, attorneys).

Jared Stolz, Rahway, argued the cause for respondent (Methfessel & Werbel, attorneys; Jeffrey M. Patti, on the letter in lieu of brief).


The opinion of the Court was delivered by ZAZZALI, J.

The question presented in this appeal is whether a policyholder's failure to read his policy may be asserted as comparative negligence in a professional malpractice action against an insurance broker. In a published opinion, the Appellate Division reversed a jury verdict in favor of the insureds and held that the trial court should have instructed the jury on comparative...

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