03-2-4319 IAFF Local 1197 v. Township of Edison , App. Div. (per curiam) (9 pp.) Plaintiff IAFF Local 1197 appeals from an order entered by the trial court, denying its motion for an award of attorneys’ fees and costs incurred in this action to enforce an arbitration award against defendant township of Edison and for interest on the arbitration award. Where the record shows that the township acted with reasonable promptness, and that some of the delay in implementing the award was attributed to plaintiff, the appellate panel finds that the trial court did not abuse its discretion by refusing to award plaintiff attorneys’ fees, costs and interest. [Decided June 25, 2009.]
ATTORNEY/CLIENT — ATTORNEYS’ FEES
04-2-4334 Kleinsorgen v. Forsythe , App. Div. (per curiam) (8 pp.) Following a car accident, plaintiff sought personal-injury protection (PIP) benefits in accordance with her State Farm automobile insurance policy. Plaintiff alleged in her complaint that State Farm “failed and refused” to provide her with appropriate PIP benefits. However, after plaintiff’s deposition was taken, State Farm paid her PIP bills, and it approved her request for arthroscopic knee surgery. State Farm moved for summary judgment. Plaintiff did not oppose the motion, but her attorney filed a “certification of attorney services” seeking $5,458.70 in itemized fees and costs, together with a proposed order. State Farm appeals from an order awarding attorneys’ fees and costs to plaintiff and denial of its motion for reconsideration. Rule 4:42-9(a)(6) “allows an award of counsel fees in favor of a successful claimant in an action filed on a liability or indemnity policy of insurance. Although ordinarily this rule is not applicable to first-party claims, an exception has been made in PIP cases. The appellate panel affirms, finding no abuse of discretion. [Decided June 26, 2009.]
