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SIMONETTI v. SELECTIVE INS. CO.

859 A.2d 694 (2004)

372 N.J. Super. 421

Joseph T. and Susan M. SIMONETTI and Nicholas J. and Natalie M. Simonetti, minors, by and through their natural parents, Joseph T. and Susan M. Simonetti, Plaintiffs/Appellants, v. SELECTIVE INSURANCE CO. a/k/a Selective Way Insurance Company a/k/a Selective Insurance Company Of America, Defendants/Respondents, and J.S. Hovnanian & Sons, Inc. and Hovbros Corp., Defendants, and Capital Roofing and Siding, Sullivan and Associates, James R. Slim Plastering, Harry Lee, Inc. and Ten Gir, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 2004.

Attorney(s) appearing for the Case

Eugene Mattioni, Philadelphia, PA, for appellants.

William J., Schmidt, for respondents (Alan J. Charkey, on the brief).

Before Judges SKILLMAN, COLLESTER and PARRILLO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

We granted leave to appeal the entry of summary judgment in favor of defendant Selective Insurance Co. (Selective). The trial court found there was no coverage under plaintiffs' homeowner's insurance policy for the mold contamination and other damages to their home allegedly caused by water from a torrential rainstorm. Their all-risks homeowner's policy with defendant covered physical loss to property...

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