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RE/MAX OF NEW JERSEY, INC. v. WAUSAU INSURANCE COM.

720 A.2d 658 (1998)

316 N.J. Super. 514

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'Herrera, Inc., t/a Villa Realtors, Plaintiffs-Appellants, v. WAUSAU INSURANCE COMPANIES; Aetna Life & Casualty and New Jersey Re-Insurance Company and Pennsylvania National Insurance Company, Defendants-Respondents. The TRAVELERS INSURANCE CO., Plaintiff-Respondent, v. COMPREHENSIVE REALTY CO., t/a Re/Max Tri County, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Mark G. Schwartz, West Atlantic City, for plaintiffs-appellants (Westmoreland, Vesper & Schwartz, attorneys; Mr. Schwartz and Katherine M. Morris, on the brief).

Robert J. Kelly, Morristown, for defendant-respondent New Jersey Re-Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Mr. Kelly and John T. Coyne, on the brief).

Jonathan M. Kuller, Woodbridge, for defendants-respondents Aetna Life & Casualty, the Travelers Insurance Company and Employers Insurance of Wausau (L'Abbate, Balkan, Colvita & Contini, Short Hills, attorneys; Mr. Kuller, on the brief).

James E. Patterson, Iselin, for amicus curiae New Jersey Association of Realtors (Greenbaum, Rose, Smith, Ravin, Davis & Himmel, attorneys; Mr. Patterson, on the brief).

Defendant-respondent, Pennsylvania National Insurance Company did not file a brief.

Before Judges HAVEY, SKILLMAN and PAUl G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Judge Gibson held that plaintiffs were liable for payment of premiums for workers' compensation insurance coverage benefitting its real estate sales agents. Re/Max of New Jersey, Inc. v. Wausau Ins. Cos., 304 N.J.Super. 59, 697 A.2d 977 (Ch.Div.1997). He applied the "relative nature of the work" test, as explained in Kertesz v. Korsh,

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