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SKULSKIE v. CEPONIS

Docket No. A-2397-07T1

962 A.2d 589 (2009)

404 N.J. Super. 510

Carl SKULSKIE, Plaintiff-Appellant, v. Michael CEPONIS and Kris T. Ceponis, Defendants-Respondents, and Finderne Heights Condominium Association and Preferred Property Management Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 2009.

Attorney(s) appearing for the Case

Robert F. DiStefano argued the cause for appellant (Clark & DiStefano, P.C., Sea Girt, attorneys; Robert P. Clark, on the brief).

Roy D. Goldberg, River Edge, argued the cause for respondents (Sokol, Behot and Fiorenzo, attorneys; Joseph B. Fiorenzo, of counsel and on the brief; Steven Siegel, on the brief).

Before Judges CUFF, FISHER and BAXTER.

The opinion of the court was delivered by

CUFF, P.J.A.D.

The issue before this court is whether the waiver of a subrogation provision in a homeowner's insurance policy purchased by a condominium unit owner bars this complaint against another condominium owner who was uninsured. Judge Accurso held that the insurance carrier was barred from seeking recovery from the condominium association and the uninsured unit owner. Plaintiff appeals that portion of the order...

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