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BLEW v. BRIND LEASING

216 N.J. Super. 359 (1987)

523 A.2d 1076

ROY M. BLEW AND DAVE'S FRIENDLY TEXACO, PLAINTIFFS, v. BRIND LEASING, MCDONNELL DOUGLAS TRUCK SERVICES (FORMERLY KNOWN AS BRIND LEASING), HARTFORD INSURANCE COMPANY, BAYARD SALES CORPORATION, PENNSYLVANIA MANUFACTURER'S ASSOCIATION INSURANCE COMPANY AND FIREMAN'S FUND INSURANCE COMPANIES, DEFENDANTS-RESPONDENTS, AND BRIND LEASING, MCDONNELL DOUGLAS TRUCK SERVICES (FORMERLY KNOWN AS BRIND LEASING), AND HARTFORD INSURANCE CO., THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. TERI ANN SITTON AND NEW JERSEY PROPERTY-LIABILITY GUARANTEE ASSOC., THIRD-PARTY DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 1987.

Attorney(s) appearing for the Case

Donald K. Greer argued the cause for appellant, third-party defendant New Jersey Property-Liability Guarantee Association (Richard A. Amdur, attorney; Edward M. Henfey, on the brief).

Michael F. O'Neill argued the cause for respondent, third-party plaintiff Hartford Insurance Company (Purcell, Ries, Shannon & Mulcahy, attorneys; Michael F. O'Neill, on the brief).

Before Judges O'BRIEN and LANDAU.

The opinion of the court was delivered by LANDAU, J.S.C. (t/a).

This is an appeal by the New Jersey Property-Liability Guarantee Association (Association) from an order of the Superior Court, Law Division, which determined that the $300,000 limitation as to each covered claim referred to in N.J.S.A. 17:30A-8 a.(1) remains subject to actual policy limits of the insolvent carrier until the statutory dollar maximum is exhausted. We affirm.

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