SROCZYNSKI v. MILEK

A-68/77 September Term 2007.

961 A.2d 704 (2008)

197 N.J. 36

Walter SROCZYNSKI, Petitioner-Respondent, v. John MILEK, t/a John Milek Construction, Respondent, and New Jersey Manufacturers Insurance Company, Respondent-Appellant, and Uninsured Employer's Fund, Respondent-Respondent, and Robert Wood Johnson University Hospital, Intervenor-Respondent.

Supreme Court of New Jersey.

Decided December 17, 2008.


Attorney(s) appearing for the Case

Michael J. Marone argued the cause for appellant (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Marone and Richard J. Williams, Jr., Morristown, of counsel and on the briefs).

David Hoffman, New Brunswick, argued the cause for respondent Walter Sroczynski (Wysoker, Glassner, Weingartner, Gonzalez & Lockspeiser, attorneys).

William L. Boyan argued the cause for respondent Uninsured Employer's Fund.

Donna Marie Montano argued the cause for intervenor-respondent Robert Wood Johnson University Hospital (Celentano, Stadtmauer & Walentowicz, attorneys; Steven Stadtmauer, Clifton, of counsel and on the briefs).

Jerome J. Graham, Jr., submitted a brief on behalf of amici curiae Property Casualty Insurers Association of America and Insurance Council of New Jersey (Graham Curtin, attorneys; Mr. Graham and George C. Jones, Morristown, on the brief).


PER CURIAM.

New Jersey Manufacturers Insurance Company (NJM) issued a standard Workers' Compensation and Employer's Liability Insurance Policy to John Milek Construction (Milek) covering the period from May 6, 2003 to May 6, 2004. Milek ceased making payments on the policy after the initial premium was satisfied. As a result, on August 14, 2003, NJM sent Milek a notice of cancellation by certified mail. On August 15, 2003, NJM notified the New Jersey Commissioner...

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