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AMERICAN FIRE & CAS. INS. CO. v. MANZO

788 A.2d 925 (2002)

347 N.J. Super. 100

AMERICAN FIRE & CASUALTY INSURANCE COMPANY and the Ohio Casualty Insurance Group, Plaintiffs-Appellants, v. Joseph MANZO, Phyllis Manzo, and Manco, Inc., Defendants/Third-Party Plaintiffs-Respondents, and Charles Richard Applegate, Defendant, v. Prima Corporation and Captains Agency, Third-Party Defendant, and Farmers Mutual Fire Assurance Association of New Jersey, Third-Party Defendant, Fourth-Party Plaintiff-Respondent/Cross-Appellant, v. York-Jersey Underwriters Agency, Inc., Fourth-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2002.

Attorney(s) appearing for the Case

Landry Belizaire, argued the cause for appellants American Fire & Casualty Insurance Company and the Ohio Casualty Insurance Group (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys, Livingston; Alan H. Bernstein, of counsel, Morristown; Mr. Bernstein and Stuart J. Polkowitz, on the brief, Roseland).

Beth D. Pollack, Neptune, argued the cause for defendants/third-party plaintiffs-respondents Joseph and Phyllis Manzo (McLaughlin, Bennett, Gelson & Cramer, attorneys; John F. Gelson, of counsel; Ms. Pollack, on the brief).

Mauro C. Casci, Leonardo, argued the cause for third-party defendant, fourth-party plaintiff-respondent/cross-appellant Farmers' Mutual Fire Insurance Association of New Jersey.

Timothy E. Haggerty, Wall, argued the cause for fourth-party defendant-respondent York-Jersey Underwriters Agency, Inc. (Stephen E. Gertler, attorney; Mr. Haggerty, on the brief).

Before Judges WEFING, LESEMANN and PARRILLO.

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

This matter is before the court on an appeal and cross-appeal from orders entered by the trial court adjudicating a coverage dispute between carriers and awarding counsel fees to the insured. After carefully reviewing the record in light of the contentions advanced on appeal, we affirm in part and reverse in part.

The dispute involves determining the proper method to allocate responsibility among the...

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