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EASTERN SEABOARD PILE DRIV. CORP. v. N.J. PROP.-LIAB. INS. GUARANTY ASS'N

167 N.J. Super. 324 (1979)

400 A.2d 857

EASTERN SEABOARD PILE DRIVING CORPORATION, A CORPORATION OF THE STATE OF DELAWARE AUTHORIZED TO DO BUSINESS IN NEW JERSEY, PLAINTIFF, v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 6, 1979.

Attorney(s) appearing for the Case

Mr. Steven L. Strelitz for plaintiff (Messrs. Nolan, Lynes, Bell & Moore, attorneys).

Mr. Stephen D. Cuyler for defendant (Messrs. Stryker, Tams & Dill, attorneys).

GERONIMO, J.S.C.

Motion for summary judgment brought by defendant New Jersey Property-Liability Insurance Guaranty Association (Association), involving the interpretation of § 5 of the New Jersey Property-Liability Insurance Guaranty Association Act (Guaranty Act), N.J.S.A. 17:30A-5, which provides in pertinent part:

"Covered claim" means an unpaid claim, including one of unearned premiums, which arises out of and is within the coverage, and not...

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