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COLONIAL PENN INS. CO. v. FORD

172 N.J. Super. 242 (1979)

411 A.2d 736

COLONIAL PENN INSURANCE CO., A FOREIGN CORPORATION LICENSED TO DO BUSINESS IN NEW JERSEY, SUBROGEE OF ROSE DISIMONE, PLAINTIFF, v. ARTHUR FORD AND SOUTH JERSEY INDUSTRIES, INC., A NEW JERSEY CORPORATION, DEFENDANTS. SUSAN MARTIN, PLAINTIFF, v. ARTHUR FORD AND SOUTH JERSEY INDUSTRIES, INC., A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division — Atlantic County.

Decided December 3, 1979.

Attorney(s) appearing for the Case

William J. Vosper, Jr. for plaintiff Colonial Penn Insurance Co. (Oliver, Purcell & Vosper, attorneys).

Mr. Glenn R. Gronlund for defendant Arthur Ford (Horn, Kaplan, Goldberg & Gorny, attorneys).

John Aleli for defendant South Jersey Industries, Inc. (Lloyd, Megargee, Steedle, Youngblood & Franklin, attorneys).

Joseph Collins for plaintiff Susan Martin (Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys).

GIBSON, J.S.C.

This case involves a subrogation claim arising out of a gas explosion and a resultant fire loss. Plaintiff is the insurer of the damaged property owner and is here seeking reimbursement for monies paid as a result of that loss, as well as punitive damages. Defendant South Jersey Industries, Inc. moves for summary judgment as to the punitive damage claim, asserting that such a claim may not be recovered by a subrogee. The issue appears to be unresolved...

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