KIEFFER v. HIGH POINT INS. CO.

No. A-2720-09T2.

25 A.3d 1206 (2011)

422 N.J. Super. 38

Axa and Eduardo KIEFFER, Plaintiffs-Appellants, v. HIGH POINT INSURANCE COMPANY, Defendant-Respondent. Tamesha Brown, Plaintiff-Appellant, v. First Trenton Indemnity Company, Defendant-Respondent. Sandra Kozusko, Plaintiff-Appellant, v. New Jersey Manufacturers Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 2011.


Attorney(s) appearing for the Case

Stephen T. Sullivan, Jr. argued the cause for appellants (Keefe, Bartels & Clark, and Mazie, Slater, Katz & Freeman, L.L.C., attorneys; Mr. Sullivan, John E. Keefe, Jr., Red Bank, and Eric D. Katz, Roseland, of counsel; Mr. Sullivan, Mr. Katz, and John D. Gagnon, on the brief).

Robert J. Del Tufo (Skadden, Arps, Slate, Meagher & Flom, L.L.P.) argued the cause for respondent High Point Insurance Company.

Stephen R. Katzman , Edison, argued the cause for respondent First Trenton Indemnity Company (Methfessel & Werbel, attorneys; Mr. Katzman, of counsel and on the brief).

Daniel J. Pomeroy argued the cause for respondent New Jersey Manufacturers Insurance Company (Mortenson and Pomeroy, and Lite, DePalma, Greenberg, L.L.C., attorneys; Mr. Pomeroy, Karen E. Heller, Springfield, and Bruce D. Greenberg, Newark, on the brief).

Before Judges CUFF, SAPP-PETERSON and FASCIALE.


The opinion of the court was delivered by SAPP-PETERSON, J.A.D.

These are consolidated appeals by plaintiffs, Axa and Eduardo Kieffer (Kieffer), Tamesha Brown (Brown), and Sandra Kozusko (Kozusko), individually and on behalf of others similarly situated (collectively referred to as "plaintiffs"),1 appealing the dismissal of their complaints against defendants, High Point Insurance Company (High Point), First Trenton Indemnity Company ...

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