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SAIF v. FAMA CONST. CO.

801 A.2d 334 (2002)

353 N.J. Super. 1

SCHOOL ALLIANCE INSURANCE FUND, as subrogee of The GREAT MEADOWS REGIONAL SCHOOL DISTRICT, Plaintiff-Appellant, v. FAMA CONSTRUCTION COMPANY and Lehre McGovern Bovis, Inc., incorrectly pled as Lehrer McGovern Bovis Construction Company, Defendants, and Thomas Construction Company, Inc., Defendant-Third-Party Plaintiff/Respondent, v. Potomac Insurance Company of Illinois, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 2002.

Attorney(s) appearing for the Case

Diane A. Bettino, Princeton, argued the cause for appellant (Reed Smith, attorneys; Ms. Bettino and Thomas J. Burns, III, on the brief).

David H. Altman, Hawthorne, argued the cause for respondent Thomas Construction Company, Inc. (Jeffer, Hopkinson & Vogel, attorneys; Mr. Altman on the brief).

Virginia T. Shea, Paramus, argued the cause for respondent Potomac Insurance Company of Illinois (Melli, Guerin & Melli, attorneys; Ms. Shea, on the brief).

Before Judges PETRELLA, KESTIN and ALLEY.

PER CURIAM.

In this appeal, one of the primary issues concerns the effect of a waiver of subrogation clause in a construction contract in which Great Meadows Regional School District (the owner), and Thomas Construction (the contractor), as well as Thomas' subcontractors, waived all rights against each other for "damages caused by fire or other perils" to the extent covered by "any ... property insurance." Great Meadows obtained builder's risk insurance coverage for...

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