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HORNET EXP. v. ZURICH AMERICAN INS.

889 A.2d 483 (2006)

382 N.J. Super. 408

HORNET EXPRESS, a New Jersey Corporation, Plaintiff-Respondent, v. ZURICH AMERICAN INSURANCE GROUP, a Stock Insurance Company, Defendant-Appellant, v. Garden State Brokers, Inc., and Harry Delbosco, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 2006.

Attorney(s) appearing for the Case

Beverly M. Barr, White Plains, NY, argued the cause for appellant (Reger, Rizzo, Kavulich & Darnall, attorneys; Ms. Barr, on the brief).

Joseph Suarez, Jersey City, argued the cause for respondents Garden State Brokers, Inc. and Harry Delbosco (Suarez & Suarez, attorneys; Mr. Suarez, of counsel; Denise R. Wasserman, on the brief). Respondent Hornet Express did not file a brief.

Before Judges SKILLMAN, PAYNE and MINIMAN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether an insurance policy that provides coverage for New Jersey workers' compensation benefits should be construed to require the insurer to pay the portion of a workers' compensation judgment entered in another state that would have been awarded if the claim petition had been filed in New Jersey. We conclude that the plain and unambiguous language of the insurance...

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