06-05-09 MYRON CORPORATION V. ATLANTIC MUTUAL INSURANCE
CORPORATION
A-5528-07T2
Plaintiff Myron Corporation, based in New Jersey and
insured under a CGL policy written in New Jersey, was sued in
several states by businesses claiming that Myron sent them "junk
faxes" in violation of federal law. Plaintiff's insurer,
Atlantic Mutual, refused to defend or indemnify Myron in the
"junk fax" litigation. After successfully fending off a federal
declaratory judgment action on coverage, which Atlantic filed in
Illinois but which the federal court dismissed on abstention
grounds, Myron prevailed on its New Jersey coverage lawsuit
against Atlantic. We held that because Myron prevailed on the
merits of its New Jersey coverage lawsuit and was entitled to
fees for that litigation under Rule 4:42-9(a)(6), Myron was also
entitled to counsel fees for the Illinois federal litigation,
which was part of the same controversy over the coverage issue.
Richard Sadowski
Assistant Editor
