Robert Occhifinto v. Olivo Construction Company (A-77- 13; 073174)
Occhifinto was a successful claimant entitled to counsel fees under Rule 4:42-9(a)(6). In the declaratory judgment action, the trial court properly concluded that Mercer would be required to indemnify Keppler in the event Keppler was found liable, and therefore determined that the liability action alleged claims that, if proven, would fall within the coverage of Keppler’s liability policy with Mercer. That determination had the practical effect of enforcing Mercer’s duty to defend. By forcing Mercer to defend the liability action, Occhifinto obtained a favorable adjudication on the merits on a coverage question as the result of the expenditure of counsel fees, rendering Occhifinto a successful claimant under Rule 4:42-9(a)(6).