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AMB PROPERTY, LP v. PENN AMERICA

No. A-1248-09T2.

14 A.3d 65 (2011)

418 N.J. Super. 441

AMB PROPERTY, LP, Plaintiff-Appellant/Cross-Respondent, and Federal Insurance Company, Plaintiff, v. PENN AMERICA INSURANCE COMPANY, and Jimcor Agency, Inc., Defendants-Respondents/Cross-Appellants, and Matrix Realty, Inc., Mystic Express, Inc., and Suburban General Insurance Agency, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 2011.

Attorney(s) appearing for the Case

Patrick A. Robinson , Bridgewater, argued the cause for appellant/cross-respondent (Robinson Burns, LLC, attorneys; Mr. Robinson and Erin A. Bedell , on the brief).

Glenn D. Curving argued the cause for respondent/cross-appellant Penn America Insurance Company ( Riker Danzig Scherer Hyland & Perretti LLP, attorneys; Mr. Curving, of counsel; Mr. Curving and Peter M. Perkowski Jr. , Morristown, on the brief).

Joseph L. Turchi argued the cause for respondent/cross-appellant Jimcor Agency, Inc. (Salmon, Ricchezza, Singer & Turchi LLP, attorneys; Mr. Turchi and Jared T. Hay , of counsel; Mr. Turchi , Mr. Hay and Kellie A. Allen , on the brief).

Before Judges PARRILLO, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

Plaintiff, AMB Property, LP (plaintiff), appeals a summary judgment dismissal of its action seeking: (1) a declaration, as an additional insured, that defendant Penn America Insurance Company (Penn America) owes plaintiff a defense and indemnification for an underlying claim; and (2) damages against defendant Jimcor Agency, Inc. (Jimcor), the managing general agent for Penn America, for professional...

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