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FIREMEN'S INS. CO. OF NEWARK v. NATIONAL UNION FIRE INS. CO.

904 A.2d 754 (2006)

387 N.J. Super. 434

FIREMEN'S INSURANCE COMPANY OF NEWARK and the Continental Insurance Company, Plaintiffs-Respondents/Cross-Respondents, v. NATIONAL UNION FIRE INSURANCE COMPANY; American Casualty Company of Reading, PA; The Home Indemnity Company; State Farm Fire and Casualty; International Insurance Company; Society Hill Associates; AMS Associates, Inc.; Stein Built Homes, Inc.; Arthur M. Stein; David M. Stein; Albert L. Stein; Joseph Alber; and June Baldwin, Defendants, and Society Hill Condominium Association, Inc., Defendant-Appellant, and The Home Insurance Company, Defendant-Respondent/Cross-Appellant, and Crum and Forster Insurance Company and the North River Insurance Company, Defendants-Respondents/Cross-Respondents, and Home Owners Warranty Corporation; How Insurance Company; and Continental Casualty Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 2006.

Attorney(s) appearing for the Case

Wolf & Booth, attorneys for appellant Society Hill Condominium Association (Matthew S. Wolf, of counsel and on the brief).

Margolis Edelstein, attorneys for cross/ appellant New Jersey Property Liability Insurance Guaranty Association (Peter S. Cuddihy, Westmont, on the brief).

Landman, Corsi Ballaine & Ford, attorneys for respondents North River Insurance Company and Crum and Forster Insurance Company (Gerald T. Ford and Natalie Garcia, Newark, on the brief).

Sander, Hannye & Carson, attorneys for respondents Home Owners Warranty Corporation and How Insurance Company (Mark R. Sander, Bala Cynwyd, on the brief).

Parker, McCay & Criscuolo, attorneys for respondents Firemen's Fund Insurance Company (Stacy L. Moore, Jr., of counsel; Elena B. Zuares, Marlton, on the brief).

Connell Foley, attorneys for respondent Continental Casualty Company (Ernest W. Schoellkopff, Roseland, of counsel and on the brief).

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

The opinion of the court was delivered by

COLLESTER, J.A.D.

This is an insurance coverage case, stemming from a lawsuit by the Society Hill Condominium Association, Inc. against various defendants for defects in construction of the condominiums. The Association recovered a substantial judgment against several defendants in the underlying construction defect litigation. But in the related insurance coverage action, which gave rise to this appeal, the trial...

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