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UNIVERSAL UNDERWRITERS INS. CO. v. CNA INS. CO.

308 N.J. Super. 415 (1998)

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. CNA INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1998.

Attorney(s) appearing for the Case

Ciarrocca & Ciarrocca, attorneys for appellant (Mark P. Ciarrocca, of counsel and on the brief).

Granstrand & Caiati, attorneys for respondent (Arthur Arnold, on the brief).

Before Judges LONG, KLEINER and KIMMELMAN.

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

The issue on appeal arises under circumstances in which each of two insurance carriers afforded primary coverage for the happening of the same accidental injury. This court is asked to determine what percentage of liability each carrier must bear to cover the loss.

Plaintiff insures Mr. Goodlube, an automobile service center, with liability coverage in the amount of $1,000,000. Defendant insures the...

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