EMPLOYERS' FIRE INSURANCE COMPANY, NORTHERN ASSURANCE COMPANY OF AMERICA, AMERICAN EMPLOYERS' INSURANCE COMPANY AND COMMERCIAL UNION INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS,
v.
DIRECTOR, DIVISION OF TAXATION, DEFENDANT-APPELLANT, AND FEDERAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, HARTFORD CASUALTY INSURANCE COMPANY, THE NORTH RIVER INSURANCE COMPANY AND PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, INTERVENORS-APPELLANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 7, 1984.
Decided May 30, 1984.
Attorney(s) appearing for the Case
Mary R. Hamill, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Mary R. Hamill, on the brief).
William H. Eaton argued the cause for respondents (Korona, Beides & Eaton, attorneys; William H. Eaton on the brief).
Steven Reed, pro hac vice, argued the cause for intervenors (Steptoe & Johnson and Farrell, Curtis, Carlin & Davidson, attorneys; James E. Davidson, Howard P. Shaw, Matthew J. Zinn, Steven Reed and Debra Lee Carter on the brief).
Before Judges ANTELL, JOELSON and McELROY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by McELROY, J.A.D.
This is an appeal by the Director of the Division of Taxation (Director) from a decision of the Tax Court, 5 N.J.Tax 326. That court held plaintiffs, insurance companies domiciled in Massachusetts but licensed to do business in New Jersey may obtain credit for payments made to the New Jersey Second Injury Fund pursuant to N.J.S.A. 34:15-94 in calculating the amount...
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