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SHORE ORTHOPAEDIC GROUP, LLC v. EQUITABLE LIFE ASSUR. SOC.

938 A.2d 962 (2008)

397 N.J. Super. 614

SHORE ORTHOPAEDIC GROUP, LLC, Plaintiff-Appellant/Cross-Respondent v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Respondent/Cross-Appellant, and EQ Financial Consultants, Inc., Alexander Borsuk, Louis Farkas and the John F. Krahnert Agency, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 2008.

Attorney(s) appearing for the Case

Mark E. Duckstein, Newark, argued the cause for appellant/cross-respondent (Sills Cummis Epstein & Gross, attorneys; Mr. Duckstein, of counsel and on the brief).

Kim Kocher, argued the cause for respondent/cross-appellant (White and Williams, attorneys, Philadelphia, PA; Jeanne O. Marino, Hackensack, of counsel; Ms. Marino and Ms. Kocher, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and C.S. FISHER.

The opinion of the court was delivered by

STERN, P.J.A.D.

Following the entry of final judgment, plaintiff Shore Orthopaedic Group ("Shore") appeals from an order of April 1, 2005, denying its application for counsel fees under Rule 4:42-9(a)(6), or, alternatively, "pursuant to the Frivolous Litigation statute," N.J.S.A. 2A:15-59.1. Judge Robert O'Hagan rejected defendant insurer's disclaimer and effort to rescind its "Business Overhead Expense...

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