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R.J. GAYDOS INS. AGENCY v. NAT. CONSUMER INS. CO.

773 A.2d 1132 (2001)

168 N.J. 255

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

Supreme Court of New Jersey.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Alan E. Kraus, for appellants (Riker, Danzig, Scherer, Hyland & Perretti, Morristown, attorneys; Mr. Kraus, Robert J. Schoenberg and R.N. Tendai Richards, on the briefs).

Richard A. Grodeck, Roseland, for respondent (Feldman Grodeck, attorneys).

Raymond R. Chance, III, Deputy Attorney General, for amicus curiae Commissioner of Banking and Insurance (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Chance and Thalia P. Cosmos, Deputy Attorney General on the brief).

Thomas P. Weidner, Princeton, submitted a brief on behalf of amicus curiae Insurance Council of New Jersey (Windels, Marx, Lane & Mittendorf, New Brunswick, attorneys; Mr. Weidner and David F. Swerdlow, Princeton, on the brief).

Susan Stryker submitted a brief on behalf of amici curiae American Insurance Association and National Association of Independent Insurers (Sterns & Weinroth, Trenton, attorneys; Ms. Stryker and Mitchell A. Livingston, on the brief).

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

This appeal involves New Jersey's Fair Automobile Insurance Reform Act (FAIRA), N.J.S.A. 17:33B-1 to -63, a comprehensive legislative initiative that was enacted in 1990 to reform New Jersey's automobile insurance system. The questions presented in this appeal are whether plaintiff, R.J. Gaydos Insurance Agency, Inc. (Gaydos), has an implied private right of action...

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