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SHALER EX REL. SHALER v. TOMS RIVER OBSTETRICS & GY-NECOLOGY ASSOCIATES

893 A.2d 53 (2006)

383 N.J. Super. 650

Chase SHALER, a minor, by and through his Guardian ad Litem, Melissa SHALER, and Melissa Shaler, Individually, Plaintiffs-Respondents, v. TOMS RIVER OBSTETRICS & GY-NECOLOGY ASSOCIATES; and Joseph Cudia, M.D., Defendants, and New Jersey Property-Liability Insurance Guaranty Association, Defendant/Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 2006.

Attorney(s) appearing for the Case

Mark M. Tallmadge, New York, NY, argued the cause for defendant/intervenor-appellant (Bressler, Amery & Ross, attorneys; Mr. Tallmadge and Richard J. Teer, on the brief).

Michael L. Weiss, Northfield, argued the cause for respondent (The Weiss Law Firm, attorneys; Mr. Weiss, on the brief).

Before Judges WEFING, WECKER and FUENTES.

The opinion of the court was delivered by

FUENTES, J.A.D.

This appeal requires us to address a narrow issue of insurance law: Whether the New Jersey Property Liability Insurance Guaranty Association ("PLIGA") is obligated to pay excess coverage under a policy of insurance issued by a now insolvent carrier, when the primary coverage limits have not been paid by reason of insolvency of the primary insurer, and the excess policy provides that if the insurer issuing...

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