SEARS ROEBUCK AND CO v. NAT. UN. FIRE INS. CO.


774 A.2d 526 (2001)

340 N.J. Super. 223

SEARS ROEBUCK AND COMPANY, a New Jersey Corporation, Plaintiff-Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania Insurance Company, and Hartford Casualty Insurance Company, an Indiana Insurance Company, Defendants-Appellants/Third-Party Plaintiffs, v. Allstate Insurance Company, Third-Party Defendant. Sears Roebuck and Company, a New Jersey Corporation, Plaintiff, v. National Union Fire Insurance Company of Pittsburgh, Pa, a Pennsylvania Insurance Company, Defendant/Third-Party Plaintiff-Appellant, and Hartford Casualty Insurance Company, an Indiana Insurance Company, Defendant/Third-Party Plaintiff, v. Allstate Insurance Company, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2001.


Attorney(s) appearing for the Case

Rudolph G. Morabito, Montclair, argued the cause for National Union Fire Insurance Company of Pittsburgh, PA, appellant in both appeals (Garrity, Graham, Favetta & Flinn, attorneys; Mr. Morabito, of counsel and on the brief).

Andrew L. Indeck, Secaucus, argued the cause for Hartford Casualty Insurance Company, appellant in A-559-99T5 (Scarinci & Hollenbeck, attorneys; Mr. Indeck and Kathleen J. Devlin, on the brief).

Arthur L. Klein (Arnstein & Lehr) of the Illinois bar, Chicago, IL, admitted pro hac vice, argued the cause for Sears, Roebuck and Company, respondent in A-599-99T5 (McCarter & English, Newark, and Mr. Klein, attorneys; David R. Kott, Newark, Deborah H. Shefrin, Chicago, IL, and Mr. Klein, on the brief).

Donald T. Okner, Fairfield, argued the cause for Allstate Insurance Company, respondent in A-642-99T5 (Dwyer, Connell & Lisbona, attorneys; Mr. Okner, on the brief).

Before Judges BAIME, WALLACE, and LINTNER.


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

Sears Roebuck and Company (Sears) was named as a defendant in the consolidated personal injury law suits brought by a passenger and driver who were both injured when the Chevrolet Caprice which they occupied went out of control. Each alleged that Sears negligently serviced the brakes on the vehicle. Ferodo Automotive Products...

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