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INDUS. DEV. ASSOC. v. COMMERCIAL UNION SURPLUS LINES INS. CO.

222 N.J. Super. 281 (1988)

536 A.2d 787

INDUSTRIAL DEVELOPMENT ASSOCIATES A/K/A INDUSTRIAL DEVELOPMENT ASSOCIATION, PLAINTIFF-APPELLANT, v. COMMERCIAL UNION SURPLUS LINES INSURANCE COMPANY, EXECUTIVE EXCESS LTD., P.P.G. INDUSTRIES, INC., ANTONIO SUAREZ D/B/A ICP AND PUGLIESE SWIMMING POOLS CORPORATION, DEFENDANTS-RESPONDENTS, AND F.T.P., INC., DEFENDANT-RESPONDENT CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued December 15, 1987.

Decided January 21, 1988.

Attorney(s) appearing for the Case

Michael F. Chazkel argued the cause for appellant.

John S. Fitzpatrick argued the cause for respondent Executive Excess, Ltd. (Haggerty & Donohue, attorneys; John S. Fitzpatrick, on the brief).

Robert H. Tell argued the cause for respondent-cross-appellant F.T.P., Inc. (Lynch, Martin & Philibosian, attorneys; Robert H. Tell, of counsel and on the brief).

Brian C. Matthews argued the cause for respondent P.P.G. Industries, Inc. (Tompkins, McGuire & Wachenfeld, attorneys; Brian C. Matthews, of counsel and on the brief).

Susan M. Danielski argued the cause for respondent Commercial Union Surplus Lines Ins. Co. (Cozen and O'Connor, attorneys; Gerard Harney and Susan M. Danielski, on the brief).

Before Judges PRESSLER, MUIR, Jr. and SKILLMAN.

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

This insurance litigation arises out of a fire which damaged several buildings in an industrial complex in Newark. Plaintiff Industrial Development Associates (Industrial) is a limited partnership formed in 1979 to acquire the industrial complex, which consisted of 22 buildings located on approximately 7 1/2 acres of land. Industrial's general partners are Anthony Pugliese, Jr. and his son, Anthony Pugliese...

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