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McCLELLAN v. FEIT

870 A.2d 644 (2005)

376 N.J. Super. 305

Karen McCLELLAN, Plaintiff, v. Joel E. FEIT, Jr., Joyce Unger Feit, Atmostemp, Inc., M.J. Parker, Mr. Goodhome, Township of Voorhees, Weichert Realtors, Marti Toudy, Pat Mckenna Realtors, and Robert Grace, jointly, severally, and in the alternative, Defendants, and Joel E. Feit, Jr., and Joyce Unger Feit, Defendants/Third-Party Plaintiffs-Appellants, v. The Prudential Property and Casualty Insurance Company of New Jersey, Third-Party Defendant-Respondent, and Sandra McCaffrey, Joan Wallis, American Title Insurance Co., through its Agent, Delaware Valley Abstract Corp., and Charles F. Ober & Son, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 2005.

Attorney(s) appearing for the Case

Giansante & Cobb, for appellants (Louis Giansante, of counsel and on the brief).

Debra Hart, Mount Laurel, for respondent (Cindy B. Shera, on the brief).

Before Judges LEFELT, FUENTES and FALCONE.

The opinion of the court was delivered by

LEFELT, J.A.D.

John E. Feit, Jr., and Joyce Unger Feit appeal from a summary judgment, which concluded that their homeowners' insurance carrier, Prudential Property and Casualty Insurance Company of New Jersey, had no duty to defend or indemnify the Feits in a civil action brought against them by Karen McClellan. McClellan's suit sought recovery of remediation costs allegedly caused by the Feits' misrepresentation...

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