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HAMPTON MED. GROUP v. PRINCETON INS.

840 A.2d 915 (2004)

366 N.J. Super. 165

HAMPTON MEDICAL GROUP, P.A., Psychiatric Associates of New Jersey, P.A., and A.L. Carter Pottash, M.D., Plaintiffs-Respondents, v. PRINCETON INSURANCE COMPANY, Defendant-Appellant, and Travelers Insurance Company, Medical Inter-Insurance Exchange of New Jersey, RLI Insurance Company, Legion Insurance Company, Psychiatrists' Risk Retention Group, Inc., Atlantic Mutual Insurance Company, Fireman's Fund Insurance Company and John Does 1-10, Defendants. Hampton Medical Group, P.A.; Psychiatric Associates of New Jersey, P.A. and A.L. Carter Pottash, M.D., Plaintiffs-Respondents, v. Medical Inter-Insurance Exchange of New Jersey, Defendant-Appellant, and Travelers Insurance Company, Princeton Insurance Company, RLI Insurance Company, Legion Insurance Company, Psychiatrists' Risk Retention Group, Inc., Atlantic Mutual Insurance Company, Fireman's Fund Insurance Company and John Does 1-10, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2004.

Attorney(s) appearing for the Case

Mendes & Mount, Newark, for appellant Princeton Insurance Company (William S. Wachenfeld, of counsel; Laura E. Genovese, on the brief).

Saiber Schlesinger Satz & Goldstein, Newark, for appellant MIIX Insurance Company, successor to Medical Inter-Insurance Exchange of New Jersey (David J. D'Aloia, Michelle V. Fleishman, and Melissa A. Provost, on the brief).

Ashley & Charles, Newark, for respondents Hampton Medical Group and Psychiatric Associates of New Jersey (Thomas R. Ashley, on the joint brief).

Arsenault Fassett & Mariano, for respondent A.L. Carter Pottash, M.D. (David W. Fassett, on the joint brief).

Before Judges PETRELLA, WEFING and COLLESTER.

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

These two matters were calendared before us back-to-back. Because they present identical issues, we consolidate them for purposes of this opinion. In A-4504-02, Princeton Insurance Co. appeals pursuant to leave granted from a trial court order finding it has a duty to defend its insureds, Hampton Medical Group, P.A., Psychiatric Associates of New Jersey, P.A. and A...

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