Robert Occhifinto v. Olivo Construction Company

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).