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AMERICAN MILLENNIUM INS. CO. v. BERGANZA

902 A.2d 266 (2006)

386 N.J. Super. 485

AMERICAN MILLENNIUM INSURANCE COMPANY, Plaintiff-Appellant/Cross-Respondent, v. Mainor BERGANZA and Jose Arias, Defendants, and Hartford Underwriters Insurance Company and Stegers Brothers Drywall Company, Inc., Plaintiffs-Intervenors/Respondents/Cross-Appellants, v. American Millennium Insurance Company, Mainor Berganza and Jose Arias, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 17, 2006.

Attorney(s) appearing for the Case

Robert E. Brenner, Somerville, argued the cause for appellant/cross-respondent (Brenner & Levine, attorneys; Mr. Brenner, on the brief).

Christopher J. Brennan argued the cause for respondents/cross-appellants (Marriot, Casagrande, Callahan, Blair & Grier, attorneys; Mr. Brennan and William G. Marriot, on the brief).

Before Judges COBURN, COLLESTER and S.L. REISNER.

The opinion of the court was delivered by

COBURN, P.J.A.D.

American Millennium Insurance Company issued a workers' compensation insurance policy in New Jersey to Mainor Berganza. As required by statute, the policy provided that American Millennium was "directly and primarily liable" to Berganza's employees. After one of Berganza's employees, Jose Arias, was injured on the...

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