ATLANTIC EMPLOYERS v. TOTS & TODDLERS


239 N.J. Super. 276 (1990)

571 A.2d 300

ATLANTIC EMPLOYERS INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. TOTS & TODDLERS PRE-SCHOOL DAY CARE CENTER, INC., RLN, INC., T/A TOTS & TODDLERS LEARNING CENTER, ROBERT KNIGHTON, NANCY KNIGHTON, DYFS AND JEFFREY DENBO, DEFENDANTS-RESPONDENTS, AND R.S., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR K.S., JR. AND S.S., MINORS, INDIVIDUALLY, JOINTLY AND SEVERALLY AND K.S., SR., INDIVIDUALLY; J.C., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR J.W.C., MINOR, INDIVIDUALLY AND M.C., INDIVIDUALLY; T.B., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR M.B., MINOR, INDIVIDUALLY, AND C.B., INDIVIDUALLY; C.G., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR A.G., MINOR, INDIVIDUALLY, AND T.G., INDIVIDUALLY, INTERVENORS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1990.


Attorney(s) appearing for the Case

John W. Trimble, attorney for appellants (John W. Trimble, on the brief).

Parker, McCay and Criscuolo attorneys for respondent, Atlantic Employers Ins. Co. (Stacy L. Moore, Jr., of counsel, Richard M. Berman, on the brief).

No brief was filed on behalf of defendants-respondents.

Before Judges DREIER, SCALERA and D'ANNUNZIO.


The opinion of the court was delivered by SCALERA, J.A.D.

This is an action for declaratory judgment by Atlantic Employers Insurance Company (Atlantic), the insurance carrier for RLN, Inc., trading as Tots & Toddlers Day Care Center (Tots & Toddlers) and Robert Knighton and Nancy Knighton, his wife, as "owners" thereof.

The appellants, as proposed intervenors, are the various children who were allegedly sexually abused while attending the insured day...

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