NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5528-07T2

MYRON CORPORATION,

Plaintiff-Appellant,

v.

ATLANTIC MUTUAL INSURANCE

CORPORATION,

Defendant-Respondent.

___________________________

Argued April 20, 2009 - Decided

Before Judges Lisa, Reisner and Sapp-Peterson.

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, L-5539-06.

Dennis T. Smith argued the cause for appellant (Pashman Stein, attorneys; Mr. Smith, of counsel and on the brief).

Kevin E. Wolff argued the cause for respondent (Couglin Duffy L.L.P., attorneys; Mr. Wolff, of counsel and on the brief).

The opinion of the court was delivered by

REISNER, J.A.D.

Plaintiff Myron Corporation (Myron) appeals from a June 6, 2008 trial court order denying plaintiff's application for counsel fees from its insurer, defendant Atlantic Mutual Insurance Corp. (Atlantic), pursuant to Rule 4:42-9(a)(6). We conclude that because Myron prevailed on the merits of its New Jersey coverage lawsuit, Myron was entitled to counsel fees for Illinois litigation which was part of the same controversy over the coverage issue. Accordingly, we reverse and remand for further proceedings.

I

These are the most pertinent facts. Myron is a New Jersey-based business with principal offices in Maywood, New Jersey. Myron obtained a commercial general liability (CGL) policy from Atlantic, covering, among other things, liability for property damage and for "personal and advertising injury." As part of its operations as "a direct seller of business promotional products," Myron sent telefaxes (faxes) to various businesses throughout the country. That activity prompted the filing of several lawsuits against Myron for allegedly sending "junk faxes" in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C.A.