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RE/MAX OF NJ, INC. v. WAUSAU INS. COS.

304 N.J. Super. 59 (1997)

RE/MAX OF NEW JERSEY, INC., A CORPORATION OF THE STATE OF NEW JERSEY; RE/MAX RESULTS REAL ESTATE, INC.; LADEN CORP. T/A RE/MAX REALTY EXPERTS; RE/MAX FUTURE REAL ESTATE PROFESSIONALS, INC.; O. HERRARA, INC., T/A VILLA REALTORS, PLAINTIFFS, v. WAUSAU INSURANCE COMPANIES; AETNA LIFE & CASUALTY AND NEW JERSEY RE-INSURANCE COMPANY AND PENNSYLVANIA NATIONAL INSURANCE COMPANY, DEFENDANTS, v. THE TRAVELERS INSURANCE CO., PLAINTIFF, v. COMPREHENSIVE REALTY CO., RE/MAX TRI COUNTY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided May 9, 1997.

Attorney(s) appearing for the Case

Mark Schwartz for plaintiffs (McAllister, Westmoreland, Vesper Schwartz, Hyber & White)

John T. Coyne for defendant, New Jersey Re-Insurance Co. (McElroy, Deutsch & Mulvaney)

Jonathan M. Kuller for defendant Travelers Insurance Co., Aetna Life & Casualty, Employers Insurance of Wausau, A Mutual Company (Law Office of Alan Wasserman)

Robert M. Kaplan for defendant Pennsylvania National Insurance Company (Margolis Edelstein)

GIBSON, J.S.C.

These are consolidated cases in which Re/Max of New Jersey and several of its franchisees seek a declaratory judgment that their sales agents be deemed independent contractors for the purpose of calculating workers' compensation premiums. Defendants are various insurance carriers which have supplied workers' compensation coverage to plaintiffs. The carriers contend that the agents should be deemed employees. This issue appears to be one of first impression...

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