NOTTE v. MERCHANTS MUT. INS. CO.


888 A.2d 464 (2006)

185 N.J. 490

Theresa NOTTE and Robert Pantano, Plaintiffs-Respondents, v. MERCHANTS MUTUAL INSURANCE COMPANY, a/k/a Merchants Mutual Group, and William Wolfe, Defendants-Petitioners.

Supreme Court of New Jersey.

Decided January 12, 2006.


Attorney(s) appearing for the Case

John M. Monahan, Binghampton, NY, a member of the New York bar and Louis L. Chodoff, Cherry Hill, argued the cause for appellants (Sweeny & Sheehan, attorneys for Merchants Mutual Insurance Company and Wolf, Block, Schorr and Solis-Cohen, attorneys for William F. Wolfe; Mr. Chodoff and Gaetano Mercogliano, Westmont, on the briefs).

David Zatuchni, Princeton, argued the cause for respondents (Zatuchni & Associates, attorneys).


PER CURIAM.

The clear language of Rule 4:9-3, the "relation back" rule, provides that "[w]henever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading[.]" In this appeal, we reaffirm the plain import of the Rule and hold that, under the circumstances present here, the causes of...

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