Transamerica Insurance v. National Roofing, Inc.

In an unreported opinion, the Appellate Division summarized the factual and legal background of this matter:

This case presents the novel issue of whether the settlement of an underlying lawsuit by an insurer on behalf of its insured and the subsequent mootness dismissal of the insurer’s declaratory judgment action against the insured regarding coverage renders the insured a “successful claimant” for R. 4:42-9(a)(6) counsel fee purposes. More particularly, defendant All Weather Crete, Inc. (All Weather Crete) here challenges the dismissal of its counterclaim for counsel fees in a declaratory…