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BADIALI v. NEW JERSEY MFRS. INS.

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107 A.3d 1281 (2015)

220 N.J. 544

Augustine W. BADIALI, Plaintiff-Appellant, v. NEW JERSEY MANUFACTURERS INSURANCE GROUP, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 18, 2015.

Attorney(s) appearing for the Case

Richard J. Hollawell argued the cause for appellant (Console & Hollawell, Marlton, attorneys).

Richard J. Williams, Jr. argued the cause for respondent (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Williams and Joseph G. Fuoco , Morristown, on the briefs).

Amos Gern argued the cause for amicus curiae New Jersey Association for Justice (Starr, Gern, Davison & Rubin, attorneys; John J. Ratkowitz , Roseland, on the brief).

Carl A. Salisbury argued the cause for amicus curiae United Policyholders (Kilpatrick Townsend & Stockton, attorneys).

The issue this Court must decide on appeal is whether an insurer's rejection of an arbitration award in an uninsured motorist (UM) claim was "fairly debatable," thereby barring an insured from recovering counsel fees and other consequential damages...

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