Giambri v. Government Employees Ins. Co.

• Decision Date: 27 May 1980
• Citation: Giambri v. Government Employees Ins. Co., 415 A.2d 1202, 174 N.J.Super. 162 (N.J. Super. App. Div. 1980)
• Parties: Salvatore A. GIAMBRI, Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Respondent.
• Court: New Jersey Superior Court — Appellate Division

Page 162

174 N.J.Super. 162

415 A.2d 1202

Salvatore A. GIAMBRI, Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Submitted May 13, 1980.

Decided May 27, 1980.

Crisafulli, Rafferty & Costa, Blackwood, for plaintiff-appellant (Anthony P. Costa, Blackwood, on the brief).

Roy D. Cummins, Pennsauken, for defendant-respondent (C. Kennon Hendrix, Pennsauken, on the brief).

Before Judges CRANE and MILMED.

PER CURIAM.

The order under review is affirmed substantially for the reasons expressed by Judge Coruzzi in his opinion reported at 170 N.J.Super. 140, 405 A.2d 872 (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.