WOOD v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY

No. A-1768-08T2.

KAREN WOOD and FREDERICK WOOD, as assignees of ALFONZIA CARUSO, Plaintiffs-Respondents, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 2010.


Attorney(s) appearing for the Case

Michael J. Marone argued the cause for appellant (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. Marone, of counsel; Richard J. Williams, Jr., and Mr. Marone, on the brief).

Charles M. Crocco argued the cause for respondents (Nelson, Fromer & Crocco, attorneys; Mr. Crocco, of counsel and on the brief).

Evan L. Goldman argued the cause for amicus curiae New Jersey Association for Justice (Law Offices of Schiffman, Abraham, Kaufman & Ritter, P.C., attorneys; Mr. Goldman, on the brief).

Hugh P. Francis argued the cause for amici curiae Insurance Council of New Jersey and Property Casualty Insurers Association of America (Francis & Berry, attorneys; Mr. Francis and Joanna Huc, on the brief).

Before Judges Stern, Graves, and Sabatino.


PER CURIAM.

Defendant, New Jersey Manufacturers Insurance Company ("NJM"), appeals the Law Division's summary judgment order conclusively determining that NJM had breached its duties by declining to settle a tort action against its insureds within the coverage limits of NJM's liability insurance policy. Because we are persuaded that, under the principles of Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474

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