WEAR v. SELECTIVE INSURANCE CO

Docket No. A-5526-15T1 A-0033-16T1.

190 A.3d 519 (2018)

455 N.J.Super. 440

Theresa WEAR and Richard Wear, Plaintiffs/Intervenors-Appellants, v. SELECTIVE INSURANCE COMPANY, Defendant-Respondent. Woodbury Medical Center Associates, LLP, Plaintiff-Respondent, v. Selective Insurance Company, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2018.


Attorney(s) appearing for the Case

Bruce H. Zamost, Princeton argued the cause for appellants Theresa Wear and Richard Wear (in A-5526-15) and respondents (in A-0033-16) (Helmer, Conley & Kasselman, PA, attorneys; Bruce H. Zamost , Princeton of counsel and on the brief).

Richard J. Mirra , argued the cause for respondent Selective Insurance (in A-5526-15) and appellant in (A-0033-16) (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Richard J. Mirra, of counsel and on the briefs; John C. Simons New Brunswick, on the briefs).

Mitchell H. Kizner , argued the cause for respondent Woodbury Medical Center Associates, LLP (Flaster Greenberg, PC, attorneys; Mitchell H. Kizner, Cherry Hill, of counsel and on the brief).

Before Judges Koblitz, Manahan and Suter.


The opinion of the court was delivered by

The instant case presents another example of the complexities sometimes involved with the resolution of insurance coverage disputes based upon exceptions to coverage. The principal issue is whether exclusionary language in a policy issued to Woodbury Medical Center Associates, LLP...

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