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MYRON CORP. v. ATLANTIC MUT. INS. CORP.

No. A-5528-07T2

970 A.2d 1083 (2009)

407 N.J. Super. 302

MYRON CORPORATION, Plaintiff-Appellant, v. ATLANTIC MUTUAL INSURANCE CORPORATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 2009.

Attorney(s) appearing for the Case

Dennis T. Smith, Hackensack, argued the cause for appellant (Pashman Stein, attorneys; Mr. Smith, of counsel and on the brief).

Kevin E. Wolff, Morristown, argued the cause for respondent (Couglin Duffy, L.L.P., attorneys; Mr. Wolff, of counsel and on the brief).

Before Judges LISA, REISNER and SAPP-PETERSON.

The opinion of the court was delivered by

REISNER, J.A.D.

Plaintiff Myron Corporation (Myron) appeals from a June 6, 2008 trial court order denying plaintiff's application for counsel fees from its insurer, defendant Atlantic Mutual Insurance Corp. (Atlantic), pursuant to Rule 4:42-9(a)(6). We conclude that because Myron prevailed on the merits of its New Jersey coverage lawsuit, Myron was entitled to counsel fees for Illinois litigation which was part...

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