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NJM v. NCC

923 A.2d 315 (2007)

393 N.J. Super. 340

NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Plaintiff-Respondent, v. NATIONAL CASUALTY COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 2007.

Attorney(s) appearing for the Case

Allan Maitlin, West Orange, argued the cause for appellant (Sachs, Maitlin, Fleming & Greene, attorneys; Mr. Maitlin, of counsel and on the brief; Christopher Klabonski, on the brief).

Loren L. Pierce, Morristown, argued the cause for respondent (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Ms. Pierce, of counsel; Lisbeth W. Cload, on the brief).

Before Judges WINKELSTEIN, FUENTES and BAXTER.

The opinion of the court was delivered by

FUENTES, J.A.D.

This appeal requires us to determine whether plaintiff, New Jersey Manufacturers Insurance Company ("NJM"), the issuer of a primary insurance policy, is obligated to pay prejudgment interest pursuant to R. 4:42-11(b), where such payment would exceed its coverage limit. We consider this question in the context of an agreement in which NJM and National...

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