MAROTTA v. NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOC.


280 N.J. Super. 525 (1995)

656 A.2d 20

CONCETTA MAROTTA, PLAINTIFF, v. NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOC. BY AND THROUGH ITS SERVICING CARRIER, LIBERTY MUTUAL INS. CO., DEFENDANTS. NEW JERSEY AUTOMOBILE FULL INS. UNDERWRITING ASSOC. BY ITS SERVICING CARRIER LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ANTHONY J. MAROTTA, CONCETTA MAROTTA, JACK BERK, EILEEN BERK, INTERNATIONAL INSURANCE COMPANY (A/K/A CRUM & FORSTER PERSONAL INSURANCE) AND THE AMERICAN INSURANCE COMPANY (A/K/A FIREMAN'S FUND INSURANCE CO.), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1995.


Attorney(s) appearing for the Case

Slimm & Goldberg, attorneys for appellant New Jersey Automobile Full Insurance Underwriting Association (Laurie Harrold Rizzo, of counsel and on the brief).

Law Offices of Stanley P. Stahl, attorneys for respondent International Insurance Company (Beth A. Wright and Sharon K. Galpern, on the brief).

McDonald, Nathan & Hendershot, attorneys for respondent The American Insurance Company (Nicholas J. Hendershot, on the brief).

Before Judges SKILLMAN, WALLACE and KLEINER.


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

Plaintiff New Jersey Automobile Full Insurance Underwriting Association ("NJAFIUA") by its servicing carrier, Liberty Mutual Insurance Company, appeals from an order denying its motion for summary judgment in a declaratory judgment action seeking a determination of insurance coverage.

On October 5, 1987, Anthony Marotta and Concetta Marotta were residents of Philadelphia. Anthony owned a condominium...

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