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AFFILIATED FM INS. v. KUSHNER COMPANIES

265 N.J. Super. 454 (1993)

627 A.2d 710

AFFILIATED FM INSURANCE COMPANY, PLAINTIFF, v. THE KUSHNER COMPANIES AND BRUCKNER PLAZA ASSOCIATES, DEFENDANTS, AND THE GENERALI INSURANCE COMPANY OF TRIESTE AND VENICE, COUNTERCLAIMANT AND INTERVENOR.

Superior Court of New Jersey, Law Division, Essex County.

Decided April 16, 1993.

Attorney(s) appearing for the Case

Thomas V. Hildner, for plaintiff (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys).

Alan H. Bernstein, for defendant (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys).

Donald G. Sweetman, for intervenor and counterclaimant (Tell, Cheser & Breitbart, attorneys).

FUENTES, JULIO M., J.S.C.

This action was commenced by plaintiff, a New Jersey insurance carrier, for a declaratory judgment that it is not liable for a major fire loss sustained by the Bruckner Plaza Shopping Center located in New York on June 21, 1988. The building was owned by a real estate investment partnership. Although insurance coverage had been requested by one of the partners sometime in May of 1988, coverage was not bound until June 27, 1988, (after the...

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