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IVY HILL PARK APARTMENTS AND OUTSTATE REALTY CORP. v. N.J. PROPERTY LIABILITY INS. GUARANTY ASS'N

221 N.J. Super. 131 (1987)

534 A.2d 35

IVY HILL PARK APARTMENTS AND OUTSTATE REALTY CORP., A NEW YORK CORPORATION, PLAINTIFFS-APPELLANTS, v. NEW JERSEY PROPERTY LIABILITY INSURANCE GUARANTY ASSOCIATION, NEW JERSEY SURPLUS LINES INSURANCE GUARANTY FUND, HAZEL FRANK GLUCK, THE COMMISSIONER OF INSURANCE OF THE STATE OF NEW JERSEY, RUTH LIEBERFARB AND CARL LIEBERFARB AND AGNES F. ELLIOT AND GEORGE ELLIOT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Philip J. Battaglia argued the cause for appellants (Goldman, Carlet, Garrison, Bertoni & Klein, attorneys; Philip J. Battaglia, on the brief).

Cynthia J. Borrelli argued the cause for respondents New Jersey Property Liability Insurance Guaranty Association and New Jersey Surplus Lines Insurance Guaranty Fund (Stryker, Tams & Dill, attorneys; Cynthia J. Borrelli, on the brief).

Debbie J. Thompson, Deputy Attorney General, argued the cause for respondent Commissioner of Insurance (W. Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Debbie J. Thompson, on the brief).

Before Judges SHEBELL, GAYNOR and STEIN.

The opinion of the court was delivered by SHEBELL, J.A.D.

Plaintiffs Ivy Hill Park Apartments (Ivy Hill) and Outstate Realty Corp. brought an action in the Law Division to compel the Commissioner of Insurance (Commissioner), the New Jersey Property Liability Insurance Guaranty Association (Association) and the New Jersey Surplus Lines Insurance Guaranty Fund (Fund) to pay the balance due on the settlements of two personal injury claims and to restrain the claimants...

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