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RICHARDSON v. STANDARD GUAR. INS.

853 A.2d 955 (2004)

371 N.J.Super. 449

Joan RICHARDSON, Plaintiff-Appellant, v. STANDARD GUARANTY INSURANCE COMPANY, Union Security Life Insurance Company, American Security Insurance Company, and CitiBank (South Dakota), N.A., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 2004.

Attorney(s) appearing for the Case

Arnold C. Lakind, Lawrenceville, argued the cause for appellant (Szaferman, Lakind, Blumstein, Blader, Lehmann & Goldshore, attorneys; Mr. Lakind, of counsel and on the brief).

Frank Burt (Jorden Burt) of the Florida bar, admitted pro hac vice, Miami, FL, argued the cause for respondents Standard Guaranty Insurance Company, Union Security Life Insurance Company and American Security Insurance Company (Reed Smith, attorneys; Mark S. Melodia, of counsel, Princeton, and Mr. Burt and Farrokh Jhabvala, Miami, FL, on the brief).

Mark F. Horning (Steptoe & Johnson) of the Washington, D.C. bar, admitted pro hac vice, argued the cause for respondent Citibank (South Dakota) N.A. (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys, Newark; Mr. Horning, Kathleen M. Graber, Washington, DC, Brian J. McMahon and Anthony M. Gruppuso, Newark, on the brief).

Before Judges COBURN, WELLS and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

Plaintiff filed a putative class action complaint alleging that she, and others similarly situated, were defrauded in the purchase of certain credit insurance policies marketed by a credit card issuer. This appeal requires that we consider whether the trial judge erred (1) in dismissing plaintiff's complaint through the application of the filed rate doctrine, and (2) in determining that the primary jurisdiction...

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