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IDEAL MUT. INS. CO. v. ROYAL GLOBE INS. CO.

211 N.J. Super. 336 (1986)

511 A.2d 1205

IDEAL MUTUAL INSURANCE CO., PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. ROYAL GLOBE INSURANCE CO., NEW JERSEY MANUFACTURERS INSURANCE CO. AND NEW JERSEY UNSATISFIED CLAIM AND JUDGMENT FUND, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1986.

Attorney(s) appearing for the Case

McCreedy & Cox, attorneys for appellant New Jersey Manufacturers Insurance Co. (Edwin J. McCreedy on the brief).

Methfessel & Werbel, attorneys for respondent-cross-appellant Ideal Mutual Insurance Co. (Anthony P. Pasquarelli on the brief).

No brief was filed on behalf of respondents Royal Globe Insurance Co. or New Jersey Unsatisfied Claim and Judgment Fund.

Before Judges ANTELL, MUIR and ASHBEY.

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

Plaintiff brought this action March 16, 1984, for a declaratory determination of defendant coinsurers' liability for contribution of their equitable pro-rata share of PIP benefits paid by plaintiff to its insured for injuries which he sustained in an automobile accident June 9, 1980. Defendant New Jersey Manufacturers Ins. Co. (hereinafter "defendant") asserted that the action was barred by N.J.S.A.

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