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MARSHALL v. RARITAN VALLEY DISP.

940 A.2d 315 (2008)

398 N.J. Super. 168

Emily MARSHALL, an Infant, John Marshall, Individually and as Executor of the Estate of Greta Schmidt, and as Guardian Ad Litem for Emily Marshall, Plaintiffs, v. RARITAN VALLEY DISPOSAL, Edward Hawley, Defendants, and Township of West Amwell, Defendant/Third-Party Plaintiff/Respondent/Cross-Appellant, v. Illinois National Insurance Company, Third-Party Defendant/Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 2008.

Attorney(s) appearing for the Case

John T. Wolak, Newark, argued the cause for appellant/cross-respondent (Gibbons, P.C., attorneys; Mr. Wolak and Andrew B. Smith, on the brief).

Todd J. Leon, Princeton, argued the cause for respondent/cross-appellant (Hill Wallack, attorneys; Mr. Leon and Jeffrey L. Shanaberger, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether an insured that has had all costs of defense and settlement of a claim paid by one insurer may pursue a coverage action against a second insurer even though the first insurer would be subrogated to any recovery from the second insurer. We conclude that an insured lacks standing to maintain a coverage action under such circumstances and that the first...

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