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SALEM GROUP v. OLIVER

128 N.J. 1 (1992)

607 A.2d 138

THE SALEM GROUP, FARMERS MUTUAL FIRE INSURANCE COMPANY, INC., PLAINTIFFS-APPELLANTS, v. CARL OLIVER AND DALLAS NEWMAN, DEFENDANTS-RESPONDENTS, AND THOMAS CIMINO, WHITEHEAD BROTHERS, INC., T/A WHIBCO, INC., MAYS LANDING SAND & GRAVEL, A DIVISION OF VINELAND TRANSIT MIX, DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 27, 1992.

Attorney(s) appearing for the Case

George G. Rosenberger, Jr., argued the cause for appellants (Butler, Butler, Rosenberger & Farrell, attorneys).

Margaret A. D'Agostino argued the cause for respondent Carl Oliver (Jacob, Robinson & Ferrigno, attorneys).

Frank G. Basile argued the cause for respondent Dallas Newman (Basile, Testa & Testa, attorneys).

Michael J. Cernigliaro submitted a letter brief on behalf of amicus curiae, New Jersey Defense Association (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).

PER CURIAM.

This case comes to us on an appeal as of right, R. 2:2-1(a), one judge in the Appellate Division having dissented from that court's judgment that the homeowner's policy issued by the insurer, Salem Group, to its insured, Dallas Newman, obligates the insurer to defend the insured.

We affirm the judgment of the Appellate Division substantially for the reasons set forth in Judge King's thorough opinion reported at 248 N...

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