SENTINEL INS. CO. LTD. v. EARTHWORKS LANDSCAPE CONSTRUCTION. L.L.C.

No. A-0748-10T1.

24 A.3d 823 (2011)

421 N.J. Super. 480

SENTINEL INSURANCE COMPANY, LTD., a member of the Hartford Financial Group, Plaintiff-Appellant, v. EARTHWORKS LANDSCAPE CONSTRUCTION, L.L.C. and Robert Tutela, a member thereof, jointly, severally and in the alternative; Daystar-USM Exterior Services; The Uninsured Employer's Fund, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 2011.


Attorney(s) appearing for the Case

Susan A. Lawless , argued the cause for appellant (Purcell, Mulcahy, O'Neill & Hawkins, LLC, attorneys; Ms. Lawless , of counsel and on the briefs; Alyssa K. Weinstein , Bedminster, on the briefs).

Dawn Van Keuren , argued the cause for respondent Robert Tutela (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys; Ms. Van Keuren , Galloway , and Kenneth D. Mackler , Atlantic City, of counsel and on the brief).

Linda B. Celauro , argued the cause for respondent Daystar-USM Exterior Services (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Ms. Celauro and Michael J. Greenwood , Newark, of counsel and on the brief).

Paula T. Dow , Attorney General, attorney for respondent Uninsured Employers' Fund ( Ellen A. Reichart , Deputy Attorney General, on the statement in lieu of brief).

Before Judges CARCHMAN, WAUGH, and ST. JOHN.


The opinion of the court was delivered by

WAUGH, J.A.D.

This appeal requires us to determine whether the Law Division of the Superior Court or the Division of Workers' Compensation (Compensation Division) in the Department of Labor and Workforce Development is the appropriate forum for determination of a workers' compensation insurer's declaratory judgment action seeking rescission of a workers' compensation policy...

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