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SAYRE v. INS. CO. OF N. AMERICA

305 N.J. Super. 209 (1997)

F. STUART SAYRE, AUSTIN B. SAYRE AND AMERICAN SAFETY TECHNOLOGIES, INC., PLAINTIFFS-RESPONDENTS, v. INSURANCE COMPANY OF NORTH AMERICA, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA AND WESTPORT INSURANCE COMPANY, DEFENDANTS, AND NEW JERSEY SURPLUS LINES INSURANCE GUARANTY FUND, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1997.

Attorney(s) appearing for the Case

Mark M. Tallmadge argued the cause for appellant (Bressler, Amery & Ross and Ronca, McDonald & Hanley, attorneys; Keith S. Barbarosh and Mr. Tallmadge, on the brief).

David A. Thomas argued the cause for respondents (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Robert D. Chesler, Catherine E. Bostock and Mr. Thomas, on the brief).

Before Judges HAVEY, LANDAU and NEWMAN.

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

On leave granted, defendant New Jersey Surplus Lines Guaranty Fund (Fund) appeals from a denial of its motion for summary judgment which had been based on recent amendments, effective January 8, 1997, to the New Jersey Surplus Lines Insurance Guaranty Fund Act (Guaranty Fund Act), N.J.S.A. 17:22-6.70 to 6.83. The motion judge applied the liability analysis set out in Owens-Illinois

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