RAILROAD ROOFING, ETC. CO. v. FINANCIAL FIRE & CASUALTY CO.


171 N.J. Super. 375 (1979)

409 A.2d 300

RAILROAD ROOFING & BUILDING SUPPLY CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. FINANCIAL FIRE & CASUALTY CO., A FLORIDA CORPORATION; GEORGE J. WOLFE, INC., A NEW JERSEY CORPORATION; MOFFATT EXCESS, INC., DEFENDANTS, AND NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, STATE OF NEW JERSEY, DEPARTMENT OF INSURANCE, DEFENDANTS-RESPONDENTS. THE WHITE MOTOR CREDIT CORPORATION, PLAINTIFF, v. BAR-DOW CORPORATION, INDIVIDUALLY AND IN THE NAME OF RICHARD SCHAUB, COMMISSIONER OF BANKING, JAMES F. DOWLING, INDIVIDUALLY AND IN THE NAME OF RICHARD SCHAUB, COMMISSIONER OF BANKING AND CHARLES A. BARBOSA, DEFENDANTS, AND JAMES F. DOWLING, INDIVIDUALLY AND TO THE EXTENT OF HIS INTEREST, IF ANY, IN BAR-DOW CORP., DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, v. THE ALL STATE-WIDE AGENCY, A CORPORATION, AND MURRAY DERMER, INDIVIDUALLY AND AS EMPLOYEE AND/OR AGENT OF ALL STATEWIDE AGENCY, T.M. BOYD, INDIVIDUALLY AND AS EXECUTIVE SECRETARY OF THE NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, THIRD-PARTY DEFENDANTS, AND JAMES J. SHEERAN, INDIVIDUALLY AND AS COMMISSIONER OF THE DEPARTMENT OF INSURANCE, THIRD-PARTY DEFENDANTS-RESPONDENT. ERNEST J. BUCCINI ET AL., PLAINTIFFS-INTERVENORS, APPELLANTS, v. STATE OF NEW JERSEY AND NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1979.


Attorney(s) appearing for the Case

Allan Maitlin argued the cause for appellant Railroad Roofing & Building Supply Co., Inc. (Feuerstein, Sachs & Maitlin, attorneys).

Theodore A. Gardner argued the cause for appellant James F. Dowling (Timothy K. Madden, Director, Hudson County Legal Services Corp., attorney).

John I. Lisowski argued the cause for appellants Ernest J. Buccini et al. (Morgan, Melhuish, Monaghan & Spielvogel, attorneys).

Richard R. Spencer, Jr., argued the cause for respondent New Jersey Property-Liability Insurance Guaranty Ass'n (Stryker, Tams & Dill, attorneys; Richard R. Spencer, Jr., and Elizabeth A. Westcott on the brief).

Mark S. Rattner, Deputy Attorney General, argued the cause for respondents State of New Jersey, Department of Insurance, and James J. Sheeran, Commissioner of Insurance (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel, and David M. Hawkins, Deputy Attorney General, on the briefs).

Before Judges CRANE, MILMED and KING.


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

These three cases involve the common question of whether claims against surplus lines insurance carriers, declared eligible to issue policies in this State by the Commissioner of Insurance and which become insolvent, fall within the protective scope of the New Jersey Property-Liability Insurance Guaranty Association Act (Guaranty Act), N.J.S.A. 17:30A-1...

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