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FLICK v. PMA INS. CO.

928 A.2d 54 (2007)

394 N.J. Super. 605

Robert FLICK, Plaintiff-Appellant, v. PMA INSURANCE COMPANY and Kathleen Reed, individually, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Telephonically Reargued June 11, 2007.

Decided July 17, 2007.

Attorney(s) appearing for the Case

Steven L. Kessel, Red Bank, argued the cause for appellant (Drazin & Warshaw, attorneys; Mr. Kessel, on the brief).

Aurora N. Riccio, Morristown, argued the cause for respondents on March 28, 2007; Timothy P. Smith argued the cause for respondents on June 11, 2007 (Coughlin Duffy, attorneys; James P. Lisovicz, of counsel; Ms. Riccio and Mr. Lisovicz, on the briefs).

Levinson Axelrod, attorneys for amicus curiae New Jersey Advisory Counsel on Safety and Health (Richard Marcolus, of counsel and on the brief).

Before Judges STERN, COLLESTER and SABATINO.

The opinion of the court was delivered by

SABATINO, J.A.D.

Plaintiff Robert Flick, who presently has a disability claim pending before the Division of Workers' Compensation, ("the Division") appeals an August 9, 2006 order dismissing his related action in the Law Division. The Law Division case arose out of plaintiff's dissatisfaction with the failure of his employer's third-party administrator of compensation benefits, defendant PMA Insurance Co. ("PMA")...

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