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LAUFER v. U.S. LIFE INS. CO.

896 A.2d 1101 (2006)

385 N.J. Super. 172

Anita LAUFER, on behalf of herself and all others similarly situated, Plaintiff-Respondent, v. The UNITED STATES LIFE INSURANCE COMPANY IN the CITY OF NEW YORK, Defendant-Appellant, and Albert H. Wohlers & Co. n/k/a Seabury & Smith, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 2006.

Attorney(s) appearing for the Case

Peter Jason, of the New York and Pennsylvania Bars, admitted pro hac vice, argued the cause for appellant (Duane Morris, attorney; Mr. Jason, Philadelphia, PA, Gregory R. Haworth, Newark, Suzanne H. dePillis, Hamilton and Margaret M. O'Rourke, Newark, on the brief).

Madeline L. Houston, argued the cause for respondent (Houston & Totaro, attorneys, Bloomfield; Ms. Houston and Melissa J. Totaro, on the brief).

Before Judges SKILLMAN, AXELRAD and PAYNE.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the maintainability of a class action under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, where the complaint alleges that the putative class representative suffered an "ascertainable loss" but contains no allegation that other class members suffered any "ascertainable loss" and seeks only declaratory and injunctive relief...

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