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Giambri v. Government Employees Insurance Co.

New Jersey Superior Court, Appellate Division


Decided: May 27, 1980.

SALVATORE A. GIAMBRI, PLAINTIFF-APPELLANT,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, DEFENDANT-RESPONDENT

On appeal from the Superior Court of New Jersey, Law Division, Camden County, whose opinion is reported at 170 N.J. Super. 140 (1979).

Crane and Milmed.

Per Curiam

[174 NJSuper Page 163]

The order under review is affirmed substantially for the reasons expressed by Judge Coruzzi in his opinion reported at 170 N.J. Super. 140 (Law Div. 1979).

Additionally, we find no merit whatever in plaintiff's suggestion that he is entitled to an award of counsel fees in this action. Such fee is allowable "[i]n an action upon a liability or indemnity policy of insurance, in favor of a successful claimant." R. 4:42-9(a)(6). Plaintiff is not "a successful claimant" in the action.

Affirmed.

19800527


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