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BRYAN CONST. CO., INC. v. EMPLOYERS' SURPLUS LINES INS.

60 N.J. 375 (1972)

290 A.2d 138

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., WOHLREIGH 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.

The Supreme Court of New Jersey.

Decided April 24, 1972.

Attorney(s) appearing for the Case

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

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

Mr. Gerald W. Conway argued the cause for the respondent Employers Mutual of Wausau (Messrs. Schreiber, Conway, Reiseman & Michals, attorneys).

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

PER CURIAM.

We agree essentially with the views expressed by Judge Conford in his dissenting opinion in the Appellate Division (116 N.J.Super. 88, 98-105 (1971)); accordingly the judgments in favor of The Aetna Casualty and Surety Company and Employers Mutual of Wausau are affirmed and the judgment in favor of Employers' Surplus Lines Insurance Company is reversed.

We are satisfied that here the plaintiff-assured reasonably...

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