PESKIN v. LIBERTY MUTUAL INS. CO.


214 N.J. Super. 686 (1986)

520 A.2d 852

HAROLD PESKIN, MILTON PESKIN AND NORMAN PESKIN, PLAINTIFFS, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided October 15, 1986.


Attorney(s) appearing for the Case

Dennis J. Alessi for plaintiffs (Fox & Fox, attorneys).

Frank R. Cinquina for defendant (Schwartz & Andolino, attorneys).


VILLANUEVA, J.S.C.

This is a lawsuit by insureds against their excess liability carrier, after they paid an injured infant's claim. The insurance company moves for summary judgment to dismiss the complaint because it was prejudiced by receiving notice of the underlying accident 11 years late.

The issue is whether the court must grant summary judgment to the insurer when there is a genuine issue as to a material fact, coverage, because the insurance company...

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