CULVER v. INSURANCE CO. OF NORTH AMERICA


115 N.J. 451 (1989)

559 A.2d 400

JAMES CULVER AND LORETTA CULVER, PLAINTIFFS-RESPONDENTS, v. INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 15, 1989.


Attorney(s) appearing for the Case

Stanley W. Kallmann argued the cause for defendant-appellant (Gennet and Kallman, attorneys; Mark L. Antin, on the brief).

Glenn A. Bergenfield argued the cause for plaintiffs-respondents (Michael F. Chazkel, attorney).


The opinion of the Court was delivered by HANDLER, J.

This appeal arises from a dispute between an insurance carrier and its insureds over subrogation rights. The insured suffered a fire loss that exceeded the coverage of the insurance policy. After payment of the policy limits for the fire loss, the insurer brought a subrogation action against third-party tortfeasors. The case settled, effectively ending the participation of the third-party tortfeasors in the litigation...

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