THE HARTFORD FIRE INSURANCE COMPANY, PLAINTIFF-APPELLANT,
v.
RIEFOLO CONSTRUCTION CO., INC.; THE CONDITIONING CO., INC.; FLUORO ELECTRIC CORPORATION; ELIZABETH IRON WORKS, INC.; GROVE PLUMBING & HEATING CO.; THE HOME INDEMNITY CO.; EMPLOYERS COMMERCIAL UNION INSURANCE CO.; THE MARYLAND CASUALTY CO.; THE AMERICAN INSURANCE CO.; THE BOARD OF EDUCATION OF THE VOCATIONAL SCHOOLS IN THE COUNTY OF ESSEX; SENTRY INSURANCE; AND UNITED STATES FIDELITY & GUARANTY CO., DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 9, 1978.
Decided June 15, 1978.
Supplement to Opinion July 31, 1978.
Attorney(s) appearing for the Case
Mr. Charles H. Hoens, Jr. argued the cause for appellant (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Richard J. Biunno on the brief).
Mr. Robert C. Gruhin argued the cause for respondent Riefolo Construction Co., Inc.
Mr. Barry Blum argued the cause for respondents Fluoro Electric Corporation and The Maryland Casualty Company (Messrs. Press & Blum, attorneys).
Mr. Arnold L. Simon argued the cause for respondents The Conditioning Co., Inc. and Employers Commercial Union Insurance Co.
Mr. Allan Maitlin argued the caues for respondents Elizabeth Iron Works, Inc., Grove Plumbing & Heating Co. and The Home Indemnity Co. (Messrs. Feuerstein, Sachs & Maitlin, attorneys).
Mr. John D. Ronca argued the cause for respondent Sentry Insurance (Messrs. Ronca & McDonald, attorneys; Mr. William J. Hanley on the brief).
Messrs. Weltchek, Prupis & Ritz filed a brief on behalf of respondent The American Insurance Company.
Respondent Board of Education of the Vocational Schools in the County of Essex did not file a brief.
Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum did not file a brief for respondent The Home Indemnity Co. but relied upon the briefs filed on behalf of respondents Riefolo Construction Co., Inc. and Grove Plumbing & Heating Co.
Before Judges LYNCH, BISCHOFF and KOLE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by BISCHOFF, J.A.D.
The chief issue presented by this appeal calls for a determination of the nature and extent of the contractual liability of prime contractors to repair and replace damage caused to a school building under construction by a fire of undetermined origin at a time when the structure was more than 90% but less than 100% completed.
On or about April 14, 1972 the Board of Education of the Vocational Schools...
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