AMBROSIO v. AFFORDABLE AUTO RENTAL, INC.


307 N.J. Super. 114 (1998)

DARREN AMBROSIO, PLAINTIFF, v. AFFORDABLE AUTO RENTAL, INC., DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND LEONARD WEINBERGER, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT/CROSS-APPELLANT. VINCENT OTTOMANO, PLAINTIFF, v. DARREN AMBROSIO AND LEONARD WEINBERGER, DEFENDANTS, AND JOEL A. NIERENBERG, DEFENDANT-RESPONDENT, AND AFFORDABLE AUTO RENTAL, INC., DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND FORTUNE GARDEN, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1998.


Attorney(s) appearing for the Case

Thomas Decker, argued the cause for appellant Fortune Garden, Inc. (Schechner & Decker, attorneys; Virginia T. Shea, on the brief).

Leonard Rosenstein, argued the cause for respondent/cross-appellant Affordable Auto Rental, Inc. (Hurley & Vasios, attorneys; Mr. Rosenstein, on the brief).

John F. O'Donnell, argued the cause for respondent/cross-appellant Allstate Insurance Co. (O'Toole & Couch, attorneys; Michael Dellarovere, on the brief).

Donald L. Crowley, argued the cause for respondent Joel A. Nierenberg (Methfessel & Werbel, attorneys; Mr. Crowley and Lori Brown Sternback, on the brief).

Harold M. Hoffman, argued the cause for respondent Leonard Weinberger (Mr. Hoffman, on the brief).

Before Judges HAVEY, LANDAU and NEWMAN.


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

This appeal involves the question of the respective obligations of various insurance companies under their automobile liability policies. Because we have determined that the various policies are all co-primary and shall share equally in the settlement up to the maximum of the lowest amount of coverage provided by any one insurer, we reverse.

The facts are not in dispute. Leonard Weinberger was partowner...

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