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KNIGHT v. AAA MIDATLANTIC INS. CO.

926 A.2d 421 (2007)

394 N.J. Super. 333

Murphy KNIGHT, Plaintiff-Appellant, v. AAA MIDATLANTIC INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2007.

Attorney(s) appearing for the Case

David J. Karbasian, argued the cause for appellant (Law Offices of David J. Karbasian, attorneys; Mr. Karbasian, on the brief).

Nicholas M. Benedetti, argued the cause for respondent (Benedetti & Campbell, attorneys; Mr. Benedetti, on the brief).

Before Judges SKILLMAN, HOLSTON, JR. and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

This appeal requires us to consider whether an award of counsel fees and costs is available to a first-party insured who prevails in an action to obtain extended medical-expense benefits required by N.J.A.C. 11:3-7.3(b). We conclude that both counsel fees and costs are available.

Plaintiff Murphy Knight appeals from an order denying his motion for an award of counsel fees and costs from...

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