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FERNANDEZ v. NATIONWIDE MUT. FIRE INS. CO.

No. A-4849-06T1

952 A.2d 1156 (2008)

402 N.J. Super. 166

Sebastian FERNANDEZ, Plaintiff-Respondent, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant, and Proformance Insurance Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 2008.

Attorney(s) appearing for the Case

Christine M. Mercado, argued the cause for appellant (Richard D. Millet & Associates, LLC, attorneys, Somerville; Ms. Mercado and Richard D. Millet, of counsel and on the brief).

Anthony V. D'Elia, Secaucus, argued the cause for respondent (Chasan Leyner & Lamparello, attorneys; Mr. D'Elia, on the brief).

Before Judges PARRILLO, GILROY and BAXTER.

The opinion of the court was delivered by

GILROY, J.A.D.

This is a declaratory judgment action. Plaintiff Sebastian Fernandez filed a complaint seeking to resolve a dispute between himself and defendant Nationwide Mutual Fire Insurance Company, his personal injury protection (PIP) carrier, regarding the priority of their claims to the insurance proceeds of the third-party tortfeasors. Nationwide appeals from the April 13, 2007 order of the Law Division, which...

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