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HEBELA v. HEALTHCARE INS. CO.

851 A.2d 75 (2004)

370 N.J. Super. 260

Mohamed HEBELA, Plaintiff-Respondent, v. HEALTHCARE INSURANCE COMPANY, Defendant-Appellant, and The Hospital Center at Orange, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 2004.

Attorney(s) appearing for the Case

Thomas J. Pyle, Newark, Jr. argued the cause for defendant-appellant (Post, Polak, Goodsell, MacNeill & Strauchler, attorneys; Jay Scott MacNeill, of counsel; Mr. Pyle on the brief).

Bruce P. McMoran argued the cause for plaintiff-respondent (McMoran & O'Connor, attorneys; Mr. McMoran and Michael F. O'Connor, on the brief).

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

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

In this insurance coverage dispute, we are required to determine whether there exists a public policy which precludes an insurer from providing coverage to one insured when sued by another insured, and to explore the manner in which a court should apportion counsel fees when they have been incurred by an insured both in defending a covered claim and in prosecuting his...

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