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WEBB v. WITT

876 A.2d 858 (2005)

379 N.J. Super. 18

Empress Nazirah Ashanti WEBB, a minor, by her parents and natural guardians, Crystal Webb and Charles E. Harris; Crystal Webb and Charles E. Harris, individually, Plaintiffs, v. Karen WITT, M.D., Virginia Carney-Nelson, M.D., Defendants, and Susan I. Kaufman, D.O., Defendant-Appellant, and Cooper Hospital/University Medical Center, Defendant/Third Party Plaintiff-Respondent, v. Lexington Insurance Company, Third Party/Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2005.

Attorney(s) appearing for the Case

Steven I. Kern, Bridgewater, argued the cause for appellant (Kern, Augustine, Conroy & Schoppmann, attorneys; Mr. Kern, on the brief).

Warren W. Faulk, Westmont, argued the cause for respondent Cooper Hospital/University Medical Center (Brown & Connery, attorneys; Mr. Faulk, on the brief).

Joseph A. Martin, Haddonfield, argued the cause for respondent Lexington Insurance Company (Archer & Greiner, attorneys; Kerri E. Chewning and Mr. Martin, on the brief).

Lawrence Downs, Director, attorney for amicus curiae The Medical Society of New Jersey (Mr. Downs, of counsel and on the brief).

Before Judges A.A. RODRÍGUEZ, CUFF and WEISSBARD.

The opinion of the court was delivered by:

RODRÍGUEZ, A. A., P.J.A.D.

This case presents a novel issue: whether a physician or health practitioner has the right to exercise control over a settlement between a medical malpractice insurer and a claimant, where the physician is afforded coverage by the insurer, but has no express contractual right to approve the settlement. We hold that such a physician or practitioner has no right to object to the settlement...

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