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GABRIELE v. LYNDHURST RESIDENTIAL

No. A-5257-10T3

43 A.3d 1169 (2012)

426 N.J. Super. 96

Josephine GABRIELE, as Administratrix Ad Prosequendum for the heirs-at-law of Salvatore Gabriele, Deceased and Administratrix of the Estate of Salvatore Gabriele; Stephanie Gabriele, a minor by her guardian ad litem, Josephine Gabriele; Pamela Gabriele, a minor by her guardian ad litem, Josephine Gabriele; Giovanni Gabriele, a minor by his guardian ad litem, Josephine Gabriele and Josephine Gabriele, individually, Plaintiffs, v. LYNDHURST RESIDENTIAL COMMUNITY, L.L.C., Daibes & Company, Daibes Brothers, Inc., Matt Mechanical, Pyramid Construction & Engineering, JM3 Construction, Alexandre Paiva Construction, Inc., All American Hauling & Recycling, Bravante Automatic Sprinkler, County of Bergen, and Township of Lyndhurst, Defendants. and Daibes Brothers, Inc., Defendant/Third-Party Plaintiff-Respondent, v. International Insurance of Hanover, Third-Party Defendant-Appellant, and Scottsdale Insurance Company, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 2012.

Attorney(s) appearing for the Case

Brian D. Barr , Cherry Hill, argued the cause for appellant (Cooper Levenson April Niedelman & Wagenheim, attorneys; Mr. Barr , on the briefs).

Albert N. Montano , Springfield, argued the cause for respondent (Hardin, Kundla, McKeon & Poletto, attorneys; Mr. Montano , of counsel and on the brief).

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

This is an insurance coverage appeal, which requires us to reconcile an inconsistency between an exclusion contained in the basic coverage provisions of the policy with an exclusion contained in an applicable endorsement to the policy.

I.

Defendant Lyndhurst Residential Community was the owner of a site on which it proposed to construct...

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