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TRANSAMERICA INS. CO. v. NATIONAL ROOFING, INC.

108 N.J. 59 (1987)

527 A.2d 864

TRANSAMERICA INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. NATIONAL ROOFING, INC., EAST ORANGE BOARD OF EDUCATION, UNI-PLAN, A NEW JERSEY PARTNERSHIP, CERAMI CONSTRUCTION COMPANY, POLYLITE ROOF DECKS, INC., W.R. GRACE, INC., OLENICK PLUMBING AND HEATING COMPANY, U.S. FIDELITY & GUARANTY CO., RELIANCE INSURANCE COMPANY, CONTINENTAL INSURANCE CO., NORTH RIVER INSURANCE COMPANY, THE AMERICAN INSURANCE CO. AND AMERICAN NATIONAL FIRE, DEFENDANTS, AND ALL WEATHER CRETE, INC., DEFENDANT-RESPONDENT. TRANSAMERICA INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ALL WEATHER CRETE, INC., DEFENDANT-RESPONDENT, AND EAST ORANGE BOARD OF EDUCATION, UNI-PLAN, A NEW JERSEY PARTNERSHIP, CERAMI CONSTRUCTION COMPANY, NATIONAL ROOFING, INC., POLYLITE ROOF DECKS, INC., W.R. GRACE, INC., OLENICK PLUMBING AND HEATING COMPANY, AND NUMEROUS JOHN DOE INSURANCE COMPANIES PROVIDING GENERAL LIABILITY, COMMERCIAL UMBRELLA LIABILITY AND EXCESS LIABILITY INSURANCE TO ALL WEATHER CRETE, INC. FROM JULY 1, 1975 TO JULY 1, 1983, WHOSE EXACT IDENTITIES ARE YET UNKNOWN, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 13, 1987.

Attorney(s) appearing for the Case

Edmond R. Casey argued the cause for appellant (Ozzard, Rizzolo, Klein, Mauro, Savo & Hogan, attorneys; Edmond R. Casey and Arthur D. Fialk, on the brief).

Jay D. Rubenstein argued the cause for respondent (Stern, Steiger, Croland, Tanenbaum & Schielke, attorneys; Jay D. Rubenstein and Thomas Loikith, on the brief).

PER CURIAM.

In an unreported opinion, the Appellate Division summarized the factual and legal background of this matter:

This case presents the novel issue of whether the settlement of an underlying lawsuit by an insurer on behalf of its insured and the subsequent mootness dismissal of the insurer's declaratory judgment action against the insured regarding coverage renders the insured a "successful claimant" for R. 4:42-9(a)(6) counsel fee purposes...

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