NEW JERSEY PROPERTY-LIABILITY INS. GUAR. ASS'N v. STATE


195 N.J. Super. 4 (1984)

477 A.2d 826

NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION AND LONG ISLAND INSURANCE COMPANY IN LIQUIDATION, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND ELWOOD BELL AND LILLIAN BELL, NATHANIEL MURRAY AND CHARLOTTE MURRAY, GUARDIANS AD LITEM OF NATHANIEL RODGER MURRAY, AN INFANT, DEFENDANTS-RESPONDENTS, AND NATHANIEL MURRAY AND CHARLOTTE MURRAY, GUARDIANS AD LITEM OF NATHANIEL RODGER MURRAY, AN INFANT, PLAINTIFFS, v. STATE OF NEW JERSEY, ELWOOD BELL AND LILLIAN BELL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1984.


Attorney(s) appearing for the Case

Jerry Fischer, Deputy Attorney General, argued the cause for appellant State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Jerry Fischer, on the brief).

R. Alan Aslaksen argued the cause for respondents New Jersey Property-Liability Insurance Guaranty Association and Long Island Insurance Company in liquidation.

Angelo J. DiCamillo argued the cause for respondents Elwood Bell and Lillian Bell (Riley & DiCamillo, attorneys; Angelo J. DiCamillo, on the brief).

Seth Grossman argued the cause for respondents Nathaniel Murray and Charlotte Murray, guardians ad litem of Nathaniel Rodger Murray, an infant.

Before Judges MICHELS, KING and DREIER.


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

Defendant State of New Jersey appeals from a judgment of the Chancery Division declaring that defendants Elwood Bell and Lillian Bell (Bells), as foster parents, were State employees for purposes of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., and therefore entitled to indemnification for damages, counsel fees and costs incurred as...

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