N.J. MFRS. INS. v. JOSEPH OAT CORP.


287 N.J. Super. 190 (1995)

670 A.2d 1071

NEW JERSEY MANUFACTURERS INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE JOSEPH OAT CORPORATION, FORMERLY KNOWN AS JOSEPH OAT AND SONS, INC., MARTIN KAPLAN, RONALD KAPLAN, MAURICE HOLTZ AND MICHAEL HOLTZ, DEFENDANTS-APPELLANTS, AND SHARON HALE-JENKINS, MONICA JENKINS, VALORIE R. SMITH, GREGORY A. SMITH, MAURICE R. SMITH, JR., AND VALORIE D. SMITH, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1995.


Attorney(s) appearing for the Case

J. Llewellyn Mathews argued the cause for appellants (Blank, Rome, Comisky & McCauley, attorneys; Stephen M. Orlofsky, New Jersey Resident Partner, on the brief).

Michael J. Marone argued the cause for respondent (McElroy, Deutsch & Mulvaney, attorneys; William T. McElroy and Mr. Marone, of counsel and on the brief).

Before Judges PRESSLER, LANDAU and CONLEY.


The Opinion of the Court was delivered by CONLEY, J.A.D.

This Worker's Compensation and Employer's Liability insurance coverage appeal arises from the tragic deaths of two employees of defendant insured Joseph Oat Corporation (Oat). Pursuant to the Worker's Compensation and Employer's Liability policy issued to Oat, plaintiff insurer immediately assumed the defense of and coverage for worker's compensation dependency...

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