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POTENZONE v. ANNIN FLAG COMPANY

No. A-3267-05T5

908 A.2d 232 (2006)

GARY POTENZONE, Plaintiff v. ANNIN FLAG COMPANY and LE TRAN, Defendants-Third-Party Plaintiffs-Respondents, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Third-Party Defendant-Appellant.

Superior Court of New Jersey, Appellate Division

Decided July 17, 2006

Attorney(s) appearing for the Case

Kenneth M. Portner argued the cause for appellant (Weber, Gallagher, Simpson, Stapleton, Fires & Newby, attorneys; Mr. Portner on the brief).

Joseph J. Michalowski argued the cause for respondents (Chase, Kurshan, Herzfeld & Rubin, attorneys; Mr. Michalowski of counsel and on the brief).

Before Judges Payne, Axelrad and Sabatino.

The opinion of the court was delivered by

SABATINO, J.S.C. (temporarily assigned).

The narrow question in this appeal is the amount of insurance coverage available in circumstances in which a commercial automobile policy's exclusion for "loading and unloading" activities is nullified as contrary to our State's omnibus automobile statute, N.J.S.A. 39:6B-1. Specifically, when such an exclusion in the policy is invalidated, is the coverage...

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