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TWBC III v. UNDERWRITERS AT LLOYD'S

731 A.2d 1228 (1999)

323 N.J. Super. 60

TWBC III, INC., a New Jersey Corporation, and 1331 Ocean Avenue Sea Bright Associates, a Partnership, Plaintiffs-Appellants, v. THOSE CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO POLICY NO. 894 305481 92, H. James Griffith, Princeton Risk Managers, Inc., Defendants-Respondents. and R.A.M. Insurance Agency, Inc., and Ronald Manzo, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1999.

Attorney(s) appearing for the Case

Robert W. Beattie, Brielle, for plaintiffs-appellants (Beattie and Murray, attorneys; Mr. Beattie, on the brief).

Thomas F. Quinn, Newark, for defendants-respondents Princeton Risk Managers, Inc. and H. James Griffith (Wilson, Elser, Moskowitz, Edelman and Dicker, attorneys; Mr. Quinn, of counsel; Mr. Quinn and Robert A. Berns, on the brief).

Stanley W. Kallman, New York City, for defendant-respondent Those Certain Underwriters at Lloyd's London Subscribing to Policy No. 894 305481 92 (Gennett, Kallman, Antin and Robinson, attorneys; Mr. Kallman, of counsel and on the brief).

Before Judges HAVEY, PAUL G. LEVY and LESEMANN.

The opinion of the court was delivered by LESEMANN, J.S.C. (temporarily assigned).

Plaintiffs, owners and operators of a nightclub and beach club which operate, respectively, in two buildings in Sea Bright, appeal from a summary judgment which dismissed their complaint seeking recovery under an insurance policy for wind damage suffered by the nightclub. The two issues presented by the complaint are, first, which of the two buildings was covered by the policy; and...

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