NORTHFIELD INS. v. MT HAWLEY INS.

Docket No. A-1771-16T4.

184 A.3d 517 (2018)

454 N.J. Super. 135

NORTHFIELD INSURANCE COMPANY, Plaintiff-Appellant, v. MT. HAWLEY INSURANCE COMPANY as Subrogee of Empress Properties, Inc., and Empress Properties, Inc., Defendants-Respondents, and CDA Roofing Consultants, LLC, Labrusciano Construction, LLC a/k/a and t/a Labrusciano Roofing, and Labrusciano Roofing; Labrusciano Roofing, LLC, a/k/a and t/a Labrusciano Construction, LLC and Labrusciano Roofing, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 2018.


Attorney(s) appearing for the Case

Frank E. Borowsky, Jr. , argued the cause for appellant (Borowsky & Borowsky, LLC, attorneys; Frank E. Borowsky, Jr. and Stuart M. Berger , Shrewsbury, on the brief).

Kenneth M. Portner argued the cause for respondents (Weber Gallagher Simpson Stapleton Fires & Newby, LLP, attorneys; Kenneth M. Portner, on the brief).

Before Judges Fisher, Fasciale and Moynihan.


The opinion of the court was delivered by

We consider whether a third party may take advantage of an estoppel doctrine — first recognized in Merchants Indemnity Corp. v. Eggleston, 37 N.J. 114, 179 A.2d 505 (1962) — that...

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