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GAZIS v. MILLER

874 A.2d 591 (2005)

378 N.J. Super. 59

John A. GAZIS, Plaintiff/Appellant, v. Fred B. MILLER and Archdiocese of Newark, Defendants/Third-Party Plaintiffs, v. The National Catholic Risk Retention Group, Inc., Third-Party Defendant/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 2005.

Attorney(s) appearing for the Case

Ryan, Brown, McDonnell, Berger & Gibbons, attorneys for appellant (Michael T. McDonnell, III, on the brief).

Landman Corsi Ballaine & Ford, attorneys for respondent (Gerald T. Ford and Steven A. Torrini, New York, NY, on the brief).

Before Judges COBURN, WECKER and GRAVES.

The opinion of the court was delivered by

COBURN, J.A.D.

The issuer of an occurrence based excess automobile insurance policy obtained summary judgment forfeiting the insured's right to coverage based on the insured's violation of the policy's notice provision even though the violation did not cause the issuer any appreciable prejudice. We reverse because in the absence of prejudice, the contractual violation was immaterial and the ruling caused a disproportionate...

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