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STRULOWITZ v. PROVIDENT LIFE & CAS. INS. CO.

815 A.2d 993 (2003)

357 N.J. Super. 454

Leonard STRULOWITZ, O.D. and Leonard Strulowitz, O.D., P.A., Plaintiffs-Appellants, and Jodi Brudno, O.D., Plaintiff, v. PROVIDENT LIFE AND CASUALTY INSURANCE COMPANY, Defendant-Respondent, and Union Central Life Insurance Company, Unum Life Insurance Company of America, Mutual Benefit Life Insurance Company and/or its successors in interest, Paul Revere Life Insurance Company, Harvey Geller, Scott Small, and Larry Strulowitz, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 2003.

Attorney(s) appearing for the Case

H. Curtis Meanor, Newark, argued the cause for appellants (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys; Mr. Meanor, of counsel and with Lisa J. Trembly, on the brief).

Louis P. DiGiaimo, argued the cause for respondent (Del Mauro, DiGiaimo & Knepper, attorneys; Steven P. Del Mauro, of counsel, Morristowm and with Robert P. Lesko, on the brief, Newark).

Before Judges PRESSLER, CIANCIA and HOENS.

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

The gravamen of this appeal is a dispute over insurance coverage. On cross-motions for summary judgment, the trial court concluded essentially that plaintiff Leonard Strulowitz did not have standing to seek enforcement of the policy issued by defendant Provident Life and Casualty Insurance Company (Provident). In so doing, the court focused on the well known tenets often applied to the interpretation of insurance...

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