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WILTON v. CYCLE TRUCKING, INC.

240 N.J. Super. 451 (1987)

573 A.2d 525

FRANK E. WILTON AND GERALDINE L. WILTON, PLAINTIFFS, v. CYCLE TRUCKING, INC., ATLANTIC COAST EXPRESS, WILFRED A. FLEMING, HARLEYSVILLE INSURANCE CO., HARLEYSVILLE MUTUAL INSURANCE CO., AND JOHN DOE I THROUGH JOHN DOE X, DEFENDANTS. FRANK E. WILTON AND GERALDINE L. WILTON, PLAINTIFFS, v. NEW JERSEY PROPERTY-LIABILITY GUARANTY ASSOCIATION AND JOHN DOE I THROUGH JOHN DOE X, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Leonard F. Rappa, Esq., for Plaintiffs.

Lance A. Posner, Esq., for Defendant Cycle Trucking, Inc. (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys).

Richard R. Spencer, Jr., Esq. for Defendant New Jersey Property-Liability Guaranty Association (Stryker, Tams & Dill, attorneys).

SACHAR, J.S.C.

This matter is on remand from the Appellate Division with respect to whether the Guaranty Association is liable for prejudgment interest in a tort action, or whether the defendant insured is liable for said prejudgment interest.

On April 3, 1986, Midland Insurance Company was declared insolvent, resulting in a 180-day court-ordered stay of the litigation being entered on or about April 3, 1986. As a result of Midland's insolvency, the mechanism...

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