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Monday, February 4, 2008

Shore Orthopaedic Group, LLC v. The Equitable Life Assurance Society of the United States

01-24-08 A-2191-05T2

A claim by medical group for disability coverage under a
policy it owns as beneficiary which insures one of its members,
as insured, is a first party claim for purposes of R. 4:42-
9(a)(6). The denial of counsel fees under the Rule and N.J.S.A.
2A:15-59.1 is upheld. However, the award of a $50,000 sanction
for a discovery violation is also upheld.