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PROGRESSIVE CAS. INS. CO. v. HURLEY

742 A.2d 1013 (2000)

327 N.J. Super. 179

PROGRESSIVE CASUALTY INSURANCE COMPANY, an Insurance Carrier, Plaintiff-Respondent v. Robert Matthew HURLEY & Devil Eleven, Inc., a New Jersey Corporation, Defendants-Appellants/Third Party Plaintiffs, v. Coverage Consultants, Inc., a New York Corporation, Third-Party Defendant, v. Jason Jacobs, Fourth Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 2000.

Attorney(s) appearing for the Case

Boffa, Shaljian, Cammarata & O'Connor, Jersey City, for defendants/appellants 3rd party plaintiffs (John P. Nulty, of counsel and on the brief).

Berlin, Kaplan, Dembling & Burke, Morristown, for plaintiff/respondent (Marc L. Dembling, of counsel and on the brief).

Litvak & Accardi, Livingston, for 3rd party defendant (Anthony J. Accardi, of counsel; Daniel Antonelli, on the brief.)

Before Judges LANDAU, KIMMELMAN and ARNOLD.

The opinion of the Court was delivered by LANDAU, J.A.D.

Defendants Robert Hurley ("Hurley") and Devil Eleven, Inc. ("Devil"), a New Jersey corporation, appeal from a Law Division order granting summary judgment in favor of plaintiff, Progressive Casualty Insurance, Co. ("Progressive"). Plaintiff had filed a complaint seeking a declaratory judgment that Hurley was not entitled to uninsured motorist (UM) coverage under Devil's commercial auto insurance policy for his...

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