AC OCEAN WALK, LLC v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY

No. A-1824-21.

AC OCEAN WALK, LLC, Plaintiff-Respondent, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, AIG SPECIALTY INSURANCE COMPANY, and INTERSTATE FIRE AND CASUALTY COMPANY, Defendants-Appellants, and NATIONAL FIRE & MARINE INSURANCE COMPANY, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 2022.


Attorney(s) appearing for the Case

David R. Roth (Wiggin & Dana, LLP) of the Connecticut and New York bars, admitted pro hac vice, argued the cause for appellant American Guarantee and Liability Insurance Company (Ford Marrin Esposito Witmeyer & Gleser, LLP and Wiggin & Dana, LLP, attorneys; Edward M. Pinter , Jon R. Grabowski , Caroline McKenna , Jeffrey R. Babbin , (Wiggin & Dana, LLP), of the Connecticut and District of Columbia bars, admitted pro hac vice, and David R. Roth , on the briefs).

Keith Moskowitz (Dentons US LLP) of the Connecticut, New York, and Illinois bars, admitted pro hac vice, argued the cause for appellant AIG Specialty Insurance Company (Dentons US LLP, attorneys; Shawn L. Kelly , on the brief).

DLA Piper LLP (US), attorneys for appellant Interstate Fire & Casualty Company, join in the brief of appellant American Guarantee and Liability Insurance Company.

Justin F. LaVella (Blank Rome, LLP) of the District of Columbia and Virginia bars, admitted pro hac vice, argued the cause for respondent AC Ocean Walk, LLC (Blank Rome, LLP, attorneys; Stephen M. Orlofsky , Justin F. LaVella , Alexander H. Berman (Blank Rome, LLP) of the Pennsylvania bar, admitted pro hac vice, Michael A. Iannucci, and Michael R. Darbee, on the briefs).

Wystan M. Ackerman (Robinson & Cole, LLP) of the Connecticut, Massachusetts, and New York bars, admitted pro hac vice, argued the cause for amicus curiae Insurance Council of New Jersey and American Property Casualty Insurance Association (Robinson & Cole, LLP, attorneys; Daniel E. Bryer , on the brief).

Paul E. Breene argued the cause for amicus curiae United Policyholders (Reed Smith, LLP, Lorelie S. Masters (Hunton Andrews Kurth), of the District of Columbia, admitted pro hac vice, attorneys; Lorelie S. Masters and Kevin V. Small (Hunton Andrews Kurth), on the brief).

Before Judges Sumners, Vernoia and Firko.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

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