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UNIVERSAL NA INS. v. CONDO. ASS'N

Docket No. L-000771-18.

195 A.3d 543 (2018)

456 N.J.Super. 480

UNIVERSAL NORTH AMERICAN INSURANCE COMPANY and Universal North American as Subrogee of Thomas Laspada, Plaintiffs, v. BRIDGEPOINTE CONDOMINIUM ASSOCIATION, INC., Defendant.

Superior Court of New Jersey, Law Division. Middlesex County.

Decided: March 13, 2018.

Attorney(s) appearing for the Case

Elliot E. Braun , attorney for plaintiffs (Law Offices of Jan Meyer & Associates, P.C.).

Gregory Vinogradsky , attorney for defendant (Callahan & Fusco, LLC).

The issue before the court is whether an insurance carrier is barred from maintaining a subrogation claim on behalf of a unit owner against a condominium association if the association's by-laws compel a waiver of such claims. This issue has not been addressed in any published New Jersey opinion. Based largely on the reasoning adopted...

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