WINDING HILLS v. N.A. SPECIALTY INS.


752 A.2d 837 (2000)

332 N.J. Super. 85

WINDING HILLS CONDOMINIUM ASSOCIATION, INC., a nonprofit corporation of the State of New Jersey, Plaintiff-Appellant, v. NORTH AMERICAN SPECIALTY INSURANCE COMPANY, National Union Fire Insurance Company, Affiliated FM Insurance Company, State Farm Fire and Casualty Company, American Reliance Insurance Company, Saint Paul Fire and Marine Insurance Company, and Hanover Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 2000.


Attorney(s) appearing for the Case

James M. McCarthy, Dover, for plaintiff-appellant (McCarthy & Jennerich, attorneys; Mr. McCarthy and Robert W. Jennerich, on the brief).

Donald G. Sweetman, Parsippany, for defendant-respondent National Union Fire Insurance Company (Gennet, Kallmann, Antin & Robinson, attorneys; Harry Robinson, III and Mark L. Antin, of counsel and on the brief).

Thomas P. Weidner, Princeton, for defendant-respondent State Farm Fire and Casualty Company (Jamieson, Moore, Peskin & Spicer, attorneys; Mr. Weidner, of counsel and on the brief; Charles M. Fisher, on the brief).

Anthony P. Pasquarelli, Rahway, for defendant-respondent American Reliance Insurance Company (Sweet, Pasquarelli & Wiebalk, attorneys; Mr. Pasquarelli, on the brief).

Steven J. Polansky, Moorestown, for defendant-respondent St. Paul Fire & Marine Insurance Company (Spector Gadon & Rosen, attorneys; Mr. Polansky, on the brief).

Gordon S. Graber, Morristown, for defendant-respondent Hanover Insurance Company (Sullivan & Graber, attorneys; Mr. Graber, on the brief).

Defendant-respondent North American Specialty Insurance Company did not file a brief.

Defendant-respondent Affiliated FM Insurance, did not file a brief.

Before Judges PRESSLER, KIMMELMAN and CIANCIA.


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

Plaintiff Winding Hills Condominium Association, Inc., brought this declaratory action against its successive first-party property damage insurers seeking recovery under the policies for the losses it sustained as a result of structural damage to the foundations of two of the six multiunit buildings of the condominium complex caused by defects in the on-site, subsurface...

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