Hanover Insurance v. McKenney

CIANCIA, J.S.C.

The novel question presented here is whether i?.4:42-9(a)(6) permits an award of counsel fees to a plaintiff in a pending personal injury action who successfully defends a declaratory-judgment suit brought by a disclaiming insurance carrier against its insured and others. Surprisingly, this question has never been squarely addressed in our reported cases, although the factual context is hardly unique. On the facts here presented, I find an award of fees is permitted under the rule.

Hanover Insurance Company issued an automobile liability insurance policy which undisputedly…