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CORTES v. INTERBORO MUT. INDEM. INS. CO.

115 N.J. 190 (1989)

557 A.2d 1001

ALFREDO CORTES AND CARMEN CORTES, PLAINTIFFS-APPELLANTS, v. INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Manfred F. Salomon argued the cause for appellants (Salomon and Blackman, attorneys).

Peter A. Piro argued the cause for respondent (Haskins, Hack, Piro, O'Day, Merklinger & Wallace, attorneys.

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division reported at 232 N.J.Super. 519 (1988).

O'HERN, J., dissenting.

I would reverse on the basis of that portion of the Appellate Division dissent that would hold the exclusive remedy defense to have been waived in the circumstances of this case.

For affirmance — Chief...

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