THOMSEN v. MERCER-CHARLES


901 A.2d 303 (2006)

187 N.J. 197

Christine THOMSEN, Plaintiff, v. Janice D. MERCER-CHARLES, Caring, Inc., Caring House Projects, Inc., Caring Projects Inc., Caring Medical Day Services, Inc., Caring Fellowship Center, Inc., Coastal Support Services, Inc., John Does # 1-5 and John Does # 6-10, 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-Appellant, 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, Irene McMichael, John Doe, Mary Rose, ABC Partnerships and XYZ Corporations, Defendants, and Irene McMichael, Third Party Plaintiff, v. Philadelphia Indemnities Insurance Company And Reliance Insurance Company, Third Party Defendants, and New Jersey Property-Liability Insurance Guaranty Association, Third Party Defendant-Respondent. Janice D. 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, West Jersey Health Systems, West Jersey 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, John Doe Ambulance Service and Paramedics Units 1-10, and John Doe Physicians and Nurses 1-10, 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 Guaranty Association, Third Party Defendants.

Supreme Court of New Jersey.

Decided June 19, 2006.


Attorney(s) appearing for the Case

Mark S. Levy, Philadelphia, PA, argued the cause for appellant (Levy, Angstreich, Finney, Baldante, Rubenstein & Coren, attorneys; Mr. Levy and Paul N. Bonavita, on the brief).

Mark M. Tallmadge, Florham Park, argued the cause for respondent (Bressler, Amery & Ross, attorneys).


LaVECCHIA, J., delivered the opinion of the Court.

The New Jersey Property-Liability Insurance Guaranty Act, N.J.S.A. 17:30A-1 to -20 ("the Act"), provides a mechanism for the payment of claims on behalf of member insurers that become insolvent. See N.J.S.A. 17:30A-2. This appeal involves interpretation of the Act's "setoff" provision, N.J.S.A. 17:30A-12b. We must determine whether the Act requires payment to a catastrophically injured victim...

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