Deborah PRESIDENT and Perry President, Plaintiffs-Appellants,
v.
Dr. Reginald JENKINS, Defendant-Appellant, and
St. Barnabas Medical Center, Princeton Insurance Company, C & R Insurance Agency and Zurich Insurance Company, Defendants-Respondents, and
Dr. Lamberto Flores and Dr. Francine Hughes, Defendants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 8, 2003.
Decided February 6, 2003.
Attorney(s) appearing for the Case
Larry L. Leifer, Maplewood, argued the cause for appellants, Deborah and Perry President.
Hugh P. Francis, argued the cause for defendant-appellant, Dr. Reginald Jenkins (Francis & O'Farrell, attorneys, Morristown; Mr. Francis, of counsel; Peter A. Olsen, on the brief).
James P. Rhatican, argued the cause for defendant-respondent, St. Barnabas Medical Center (Connell Foley, attorneys, Roseland; Mr. Rhatican, of counsel; Mr. Rhatican and Jennifer Leigh Barnes, Jersey City, on the brief).
William E. McGrath, Jr., Princeton, argued the cause for defendant-respondent, Princeton Insurance Company (Smith, Stratton, Wise, Heher & Brennan, attorneys; Mr. McGrath, of counsel and on the brief).
Eric L. Harrison, Edison, argued the cause for defendant-respondent, C & R Insurance Agency (Methfessel & Werbel, attorneys; Mr. Harrison, of counsel and on the brief).
Kevin T. Coughlin, argued the cause for defendant-respondent, Zurich American Insurance Company (McElroy, Deutsch & Mulvaney, attorneys, Morristown; Mr. Coughlin, of counsel; David D. Hess, on the brief).
Williams, Cuker & Berezofsky, Cherry Hill, for amicus curiae The Association of Trial Lawyers of America-New Jersey (Kevin Haverty, on the brief).
Before Judges NEWMAN, PARRILLO and LANDAU.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PARRILLO, J.A.D.
In these consolidated appeals from an underlying medical malpractice action, we consider primarily whether the physician alleged to be negligent is covered under a "claims made" professional liability insurance policy issued by a successor insurer and, if not, whether the hospital where he enjoys admitting privileges has a duty to third parties to ensure that he...
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