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LIBERTY MUT. INS. CO. v. PRES. CONTAINER, INC.

297 N.J. Super. 24 (1997)

LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. PRESIDENT CONTAINER, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 1997.

Attorney(s) appearing for the Case

Jay D. Fischer argued the cause for appellant (Fischer, Weisinger, Caliguire & Porter, attorneys; Arthur L. Porter, Jr., on the brief).

Jonathan M. Kuller argued the cause for respondent (Alan Wasserman, attorney).

Before Judges KING, KEEFE and LOFTUS.

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

On an issue of first impression in New Jersey, Law Division Judge Peter E. Doyne held: "once the insurer [under a retrospective premium policy] has shown or there is no dispute that it in fact has paid settlements, the burden shifts to the insured to make some showing of the carrier's negligence in its claim handling." Because Judge Doyne found that "defendant...

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