Amica Ins. Co. v. Barrett, (App. Div. 2010)

Insurance – PIP – attorney's fees

Where the plaintiff's action seeking a declaration that it had no obligation to provide the defendant with personal injury protection benefits or to defend and indemnify her on claims arising from her operation of a car insured by it resulted in a judgment for the defendant, the trial court's denial of her request for attorney's fees is reversed, and the matter is remanded as the Appellate Division cannot determine whether the trial court considered all of the factors enumerated in Enright or simply based its decision on the erroneous assumption that proof of the insurer's bad faith was essential to an award.

Case Law Alert - 2nd Qtr 2010