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BINKEWITZ v. ALLSTATE INS. CO.

222 N.J. Super. 501 (1988)

537 A.2d 723

PETER BINKEWITZ, SR., PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, CHRISTOPHER R. CHEREWICH, GERARD GULDBECH AND AL LOMBARDI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1988.

Attorney(s) appearing for the Case

Robert F. Colquhoun argued the cause for appellant (Colquhoun & Colquhoun, attorneys).

Edmund E. Lynch argued the cause for respondents (Lynch & Lynch, attorneys).

Before Judges R.S. COHEN and LANDAU.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

We are called upon to decide whether defamatory words are privileged if uttered in the course of and with some relation to loss appraisal proceedings arising out of an insurance policy provision mandated by statute. We hold that such words are not protected by the absolute privilege accorded to defamatory words uttered in judicial proceedings, but are entitled to a qualified privilege which may be defeated...

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