INSITE-PROPERTIES v. JAY PHILLIPS


271 N.J. Super. 380 (1994)

638 A.2d 909

INSITE-PROPERTIES, INC., PLAINTIFF, v. JAY PHILLIPS, INC., DEFENDANT-THIRD PARTY PLAINTIFF/RESPONDENT, v. RIUNIONE ADRIATICA DISICURTA, THIRD PARTY DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1994.


Attorney(s) appearing for the Case

Garrity, Graham, Hawkins & Favetta, attorneys for appellant (Francis X. Garrity and Walter J. Krako, of counsel; Leonard E. Seaman, III, on the brief and reply brief).

Barry J. Wendt, attorney for respondent (Mr. Wendt on the brief).

Before Judges BRODY, STERN and KEEFE.


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

Third party defendant, Riunione Adriatica DiSicurta ("Adriatica"), appeals from the entry of summary judgment in favor of defendant Jay Phillips, Inc. ("JPI"), requiring the carrier to defend and indemnify defendant under a "claims made" professional liability policy. JPI was also awarded $4,456.95 in counsel fees and costs. The carrier asserts that, as JPI received the claim in 1991 and failed to notify the...

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