THOMSEN v. MERCER-CHARLES


872 A.2d 800 (2005)

377 N.J. Super. 267

Christine THOMSEN, Plaintiff, v. Janice D. MERCER-CHARLES, Caring, Inc., Caring House Projects, Inc., Caring Medical Day Services, Inc., Caring Fellowship Center, Inc., and Coastal Support Services, Inc., Defendants. Alice Brown, as Administrator ad Prosequendum for the Heirs-at-Law of Alice F. Watts, Deceased, and as Administrator of the Estate of Alice F. Watts, Deceased, Plaintiffs, v. Janice D. Mercer-charles, Caring, Inc., Caring House Projects, Inc., Caring Medical Day Services, Inc., Caring Fellowship Center, Inc., Coastal Support Services, Inc., Christine D. Thomsen, Irene McMichael, R.C. Maxwell Co., Atlantic City Electric Co., Bell Atlantic-New Jersey, Inc., Defendants, and Bell Atlantic-NJ, Inc., Third Party Plaintiff, v. County of Atlantic, Third Party Defendant, and Irene McMichael, Third Party Plaintiff, v. Philadelphia Indemnities Insurance Company, Reliance Insurance Company and New Jersey Property-Liability Insurance Guaranty Association, Third Party Defendants. Larry Spell, by his Guardian ad Litem, Patricia Lynch, Plaintiff-Respondent, v. Janice D. Mercer, Caring Inc., Caring House Projects, Inc., Caring Medical Day Services, Caring Fellowship Center, Inc., Coastal Support Services, Inc., Christine D. Thomsen, and Irene McMichael, Defendants, and Irene McMichael, Third Party Plaintiff, v. Philadelphia Indemnities Insurance Company and Reliance Insurance Company, Third Party Defendants, v. New Jersey Property-Liability Insurance Guarantee Association, Third Party Defendant-Appellant. Janice Mercer-Charles and Dexter Charles, her husband, Plaintiffs, v. Christine D. Thomsen, Defendant, v. Bell Atlantic-NJ, Third Party Plaintiff, v. County of Atlantic, Third Party Defendant, and Irene McMichael, Third Party Plaintiff, v. Philadelphia Indemnities Insurance Company, Reliance Insurance Company, and New Jersey Property-Liability Insurance Guaranty Association, Third Party Defendants. Larry Spell, by his Guardian ad litem, Patricia Lynch, Plaintiff, v. R.C. Maxwell Co., Atlantic City Electric Company, Bell Atlantic-NJ, Inc., West Jersey Health Systems Paramedics Unit, Galloway Township Volunteer Ambulance Squad West Division, Egg Harbor City Rescue Squad, William B. Kessler Memorial Hospital, Eugene M. Mlynarczyk, M.D., Lisa Rasom, RN, L. DeFrancisco, RN, Defendants, v. Bell Atlantic-NJ, Third Party Plaintiff, v. County of Atlantic, Third Party Defendant, and Irene McMichael, Third Party Plaintiff, v. Philadelphia Indemnities Insurance Company, Reliance Insurance Company and New Jersey Property-Liability Insurance Guarantee Association, Third Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 2005.


Attorney(s) appearing for the Case

Mark M. Tallmadge, New York City, argued the cause for appellant New Jersey Property-Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Mr. Tallmadge, on the brief).

Mark S. Levy, Philadelphia, PA, argued the cause for respondent Larry Spell (Levy, Angstreich, Finney, Baldante, Rubenstein & Coren, attorneys; Melissa T. Herskowitz and Mr. Levy, on the brief).

Before Judges A.A. RODRÍGUEZ, WEISSBARD and HOENS.


The opinion of the court is delivered by:

RODRÍGUEZ, A.A., P.J.A.D.

This appeal was brought by the New Jersey Property-Liability Insurance Guaranty Association (the Association) concerning interpretation of the exhaustion and setoff provision (N.J.S.A. 17:30A-12b) of the New Jersey Property-Liability Insurance Guaranty Act (the Act).1 The specific issue presented is whether the Act's setoff provision operates to reduce...

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