GAZIS v. MILLER


892 A.2d 1277 (2006)

186 N.J. 224

John A. GAZIS, Plaintiff-Respondent, v. Fred B. MILLER, Archdiocese of Newark, (improperly pled as ABC Archdiocese), and Religious Order or Organization (whose names are presently unknown), Defendants and Third-Party Plaintiffs, v. The National Catholic Risk Retention Group, Inc., Third-Party Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 20, 2006.


Attorney(s) appearing for the Case

Gerald T. Ford, Newark, argued the cause for appellant (Landman Corsi Ballaine & Ford, attorneys); Mr. Ford and Andrew C. Chien, on the brief.

Michael T. McDonnell, III, argued the cause for respondent (Ryan, Brown, McDonnell, Berger & Gibbons, attorneys, Philadelphia, PA).


Justice LaVECCHIA delivered the opinion of the Court.

In this appeal we must determine whether an occurrence-based excess liability policy of insurance is unavailable to an accident victim because the tortfeasor failed to give timely notice to its excess carrier. The Appellate Division held that, in the absence of prejudice, the excess insurer could not decline coverage based on the insured's failure to comply with the policy's 120 day notice provision. Gazis v...

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