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BRYAN CONST. CO. v. EMP. SURPLUS LINES INS. CO.

116 N.J. Super. 88 (1971)

281 A.2d 97

BRYAN CONSTRUCTION CO., INC., PLAINTIFF-APPELLANT, v. EMPLOYERS' SURPLUS LINES INSURANCE COMPANY, THE AETNA CASUALTY AND SURETY COMPANY, EMPLOYERS MUTUAL OF WAUSAU, ARTHUR J. O'CONNOR, JAMES J. O'CONNOR AND THOMAS A. LAFFEY, INDIVIDUALLY AND t/a O'CONNOR-LAFFEY & CO., WOHLREICH AND ANDERSON, LTD., COUNTY OF UNION, A BODY POLITIC OF THE STATE OF NEW JERSEY, JOSEPH ALLAN, INGVALD MOE, AND RELIANCE INSURANCE COMPANY (FORMERLY STANDARD ACCIDENT INSURANCE COMPANY), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 26, 1971.

Attorney(s) appearing for the Case

Mr. Joseph J. MacDonald argued the cause for appellant (Messrs. Harrison, Hartman & MacDonald, attorneys).

Mr. William J. Cleary, Jr. argued the cause for respondent Aetna Casualty & Surety Company (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Mr. Gerald W. Conway argued the cause for respondent Employers Mutuals of Wausau (Messrs. Schreiber and Lancaster, attorneys).

Mr. Brian C. Harris argued the cause for respondent Employers' Surplus Lines Insurance Company (Messrs. Braff, Litvak, Ertag & Wortmann, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

Plaintiff Bryan Construction Co., Inc. (Bryan) appeals from final judgments entered in favor of defendants Employers' Surplus Lines Insurance Company (Employers'), Aetna Casualty and Insurance Company (Aetna) and Employers Mutual Liability Insurance Company of Wisconsin (impleaded as "Employers Mutuals of Wausau") (Wausau), dismissing the first, third and fourth...

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