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WERNER INDUSTRIES, INC. v. FIRST STATE INS. CO.

112 N.J. 30 (1988)

548 A.2d 188

WERNER INDUSTRIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. FIRST STATE INSURANCE COMPANY, A DELAWARE CORPORATION, DEFENDANT-APPELLANT. THE RICE AGENCY, A NEW JERSEY CORPORATION, DEFENDANT AND THIRD PARTY PLAINTIFF, v. WEGHORN INTERNATIONAL, INC., THIRD PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided October 11, 1988.

Attorney(s) appearing for the Case

Donald J. Volkert, Jr., argued the cause for appellant (Siff, Rosen & Parker, attorneys; Robert F. Walsh, on the briefs).

Peter R. Bray argued the cause for respondent (Cole, Geaney, Yamner & Byrne, attorneys).

PER CURIAM.

The question in this case is whether the coverage under an excess "umbrella" liability insurance policy must "drop down" to become the first line of coverage for risks covered by the primary liability insurance carrier in the event of the primary carrier's insolvency. We hold that the language of the excess policy here does not call for that result, and reverse the contrary ruling of the court below.

I

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