AETNA CAS. & SUR. CO. v. PLY GEM INDUSTRIES, INC.


778 A.2d 1132 (2001)

343 N.J. Super. 430

AETNA CASUALTY & SURETY CO., Plaintiff, v. PLY GEM INDUSTRIES, INC., et al., Defendants. and Hoover Treated Wood Products, Inc., Defendant/Third-Party Plaintiff-Respondent, v. Commercial Union Insurance Company, Third-Party Defendant/Appellant, and Federal Insurance Company, Third-Party Defendant/Respondent, and Greater New York Mutual Insurance Company et al., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2001.


Attorney(s) appearing for the Case

Jack Fuchs, admitted pro hac vice, argued the cause for third-party defendant-appellant Commercial Union Insurance Company (Melli, Guerin & Melli and Thompson Hine & Flory of the Ohio bar, attorneys; Christopher M. Bechhold, pro hac vice, Cincinnati, OH, and Mary E. Romano, Paramus, of counsel; Mr. Bechhold, Gary M. Glass, pro hac vice, Cincinnati, OH, and Ms. Romano, on the brief).

Anthony Bartell argued the cause for third-party plaintiff-respondent Hoover Treated Wood Products, Inc. (McCarter & English, attorneys; Mr. Bartell, Newark, of counsel; Mr. Bartell and Whitney A. Klein, on the brief).

Thomas E. Schorr argued the cause for third-party defendant-respondent Federal Insurance Company (Smith Stratton Wise Heher & Brennan, Princeton, and Cuyler Burk, attorneys; Peter Petrou, Parsippany, on the brief).

Before Judges STERN, COLLESTER and FALL.


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

Third party defendant Commercial Union Insurance Company ("CU") appeals from a February 7, 1997 order denying its motion for summary judgment and granting the cross-motion of defendant-third party plaintiff Hoover Treated Wood Products, Inc. ("Hoover") for summary judgment on coverage issues, a March 17, 1998 order granting Hoover's motion for partial summary judgment...

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