MILLBROOK TAX FUND v. P.L. HENRY & ASSOC.


779 A.2d 1120 (2001)

MILLBROOK TAX FUND, INC., Plaintiff, v. P.L. HENRY & ASSOCIATES, INC., a New Jersey corporation; Patrick L. Henry; Derek E. Brooks; and WMC Mortgage Corporation, a California corporation, Defendants, and Delta Funding Corporation, a New York Corporation and Fairbank Mortgage, Inc., a Connecticut Corporation, Defendants/ Third-Party Plaintiffs, v. James L. Watkins, Third-Party Defendant/Fourth-Party Plaintiff-Appellant, v. St. Paul Fire and Marine Insurance Company, Fourth-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 2001.


Attorney(s) appearing for the Case

Theodore E. Kyles, Jr., argued the cause for appellant.

John S. Favate, Springfield, argued the cause for respondent (Hardin, Kundla, McKeon, Poletto & Polifroni, attorneys; Mr. Favate, on the brief).

Before Judges PETRELLA, KESTIN and ALLEY.


KESTIN, J.A.D.

This lawsuit, as initially commenced, arose from alleged defaults on mortgage financing. Two of the defendants filed a third party complaint against James L. Watkins alleging negligent appraisal of several properties which were the subject of plaintiff's claim. Watkins, in turn, filed a fourth-party action for coverage and a defense against St. Paul Fire and Marine Insurance Company (St. Paul) under claims-made professional liability insurance policies...

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