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BROWN v. SHAW

174 N.J. Super. 32 (1980)

415 A.2d 360

LEE BROWN, PLAINTIFF-APPELLANT, v. WALTER SHAW, INDIVIDUALLY AND WALTER SHAW INSURANCE AGENCY, DEFENDANTS-RESPONDENTS, AND LUMBERMENS MUTUAL CASUALTY COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ARISTA FACTORS, INC., DEFENDANT AND THIRD-PARTY DEFENDANT-RESPONDENT. DOROTHY JACKSON, PLAINTIFF, v. LUMBERMENS MUTUAL CASUALTY COMPANY, ARISTA FACTORS, INC. AND WALTER SHAW INSURANCE AGENCY AND WALTER SHAW, INDIVIDUALLY, DEFENDANTS-RESPONDENTS, AND UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, LEE D. BROWN AND OSCAR J. JOHNSON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1980.

Attorney(s) appearing for the Case

Sally L. Steinberg, Essex-Newark Legal Services, argued the cause for appellant Lee Brown (Mark Goldman, Essex-Newark Legal Services, attorney).

Michael T. Cooney argued the cause for appellants Unsatisfied Claim and Judgment Fund Board and Oscar J. Johnson (Hueston, Hueston & Sheehan, attorneys).

James P. Richardson argued the cause for respondent and cross-appellant Lumbermens Mutual Casualty Company (Pantages, Sellar, Richardson & Stuart, attorneys).

Gerald M. Gorrin argued the cause for respondent Arista Factors, Inc. (Gorrin, Ironson & Whitken, attorneys; Gerald M. Gorrin of counsel; Jeffrey E. Gorrin on the brief).

Respondents Walter Shaw, individually, and Walter Shaw Insurance Agency did not file a brief.

Before Judges FRITZ, KOLE and LANE.

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

This appeal concerns relative rights among an assigned risk insured, his apparently absconding insurance agent or broker and the firm of that individual, the organization that financed that insurance, the insurance company, a passenger in the insured's car, the driver of another car involved in an accident with the insured, and the Unsatisfied Claim and Judgment Fund. The matter is complex both procedurally...

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