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KOWALESKI v. ALLSTATE INS. CO.

238 N.J. Super. 210 (1990)

569 A.2d 815

STACY A. KOWALESKI, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE CO., DEFENDANT-APPELLANT. CARMEN FERNANDEZ, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE CO., DEFENDANT-APPELLANT. MICHAEL A. MARRAZO, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE CO., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1990.

Attorney(s) appearing for the Case

Thomas F. McGuane argued the cause for appellant Allstate Insurance Co., (Carpenter, Bennett & Morrissey, attorneys; John E. Keale, of counsel, Thomas F. McGuane, on the brief).

John Paul Dizzia argued the cause for respondent Stacy A. Kowaleski (John Paul Dizzia, on the brief).

Howard Duff argued the cause for respondent Carmen Fernandez (Nemergut & Duff, attorneys; Howard Duff, on the brief).

Charles A. Zahn argued the cause for respondent Michael A. Marrazo (Shore & Zahn, attorneys; Charles A. Zahn, on the brief).

Francis & Berry, attorneys, filed a brief Amicus Curiae on behalf of the New Jersey Automobile Full Insurance Underwriting Association (Hugh P. Francis, of counsel; Joan Bannan Lorio, on the brief).

Before Judges GAULKIN, DREIER and SCALERA.

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

Defendant Allstate Insurance Co. has appealed from three adverse summary judgments entered by two Middlesex County Superior Court judges. We have been informed that there have been several additional decisions concerning similar issues in Middlesex County and elsewhere, all unreported, consistent with and opposed to the statutory interpretation advanced by the trial judges in the cases before us. As the three...

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