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GRAND COVE II CONDO. v. GINSBERG

291 N.J. Super. 58 (1996)

676 A.2d 1123

THE GRAND COVE II CONDOMINIUM ASSOCIATION, INC., GRAND COVE I APARTMENT CORPORATION, AND GRAND COVE MASTER ASSOCIATION, INC., PLAINTIFFS-RESPONDENTS v. BARRETT ALLEN GINSBERG, WILLIAM ATLAS ASSOCIATES, WILLIAM ATLAS, VIRGONA & VIRGONA, RAY VIRGONA, ALPINE WOODS CONSTRUCTION CORP. OF NEW JERSEY, ALPINE WOODS CONSTRUCTION CORP., LAWRENCE WECKER, BRUCE MCPHEE, QUICK MASONRY, INC., J.P. PATTI COMPANY, INC., GRANDVIEW ASSOCIATES WATERPROOFING, K.M. GABEL COMPANY INC., VERMAAS COMPANY, INC., PHILIP FRITZE & SONS, INC., CAMBRIDGE DRY WALL & CARPENTRY, CORP., F & G MECHANICAL CORP., TILCON NEW JERSEY, INC., V.A.L. FLOORS, INC., CUTRUPI & CO., INC., DEFENDANTS. WINDSOR COVE ASSOCIATES, LIMITED PARTNERSHIP, S/A ASSOCIATES, WINDJAMMER CONSTRUCTION CORP., WINDJAMMER CONSTRUCTION CORP. OF NEW JERSEY, ANCHORAGE WOODS CONSTRUCTION CORP., DEFENDANTS/THIRD-PARTY PLAINTIFFS-RESPONDENTS v. NEWARK INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, THIRD-PARTY DEFENDANTS-APPELLANTS, AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA AND NORTH RIVER INSURANCE COMPANY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Virginia M. Sullivan argued the cause for appellant Newark Insurance Company (Golden, Rothschild & Spagnola, attorneys; Kenneth R. Rothschild, of counsel; Ms. Sullivan, on the brief).

Marilyn S. Silvia argued the cause for appellant Federal Insurance Company (Hill Wallack, attorneys; Gerard H. Hanson, of counsel; Ms. Silvia, on the brief).

Michael S. Hanusek argued the cause for respondents Windsor Cove Associates, Limited Partnership, S/A Associates, Windjammer Construction Corp. Windjammer Construction Corp of New Jersey and Anhcorage Woods Construction Corp. (Hirsch, Newman & Simpson, attorneys; Daniel P. Simpson, of counsel; Mr. Simpson and Mr. Hanusek, on the brief).

Robert C. Epstein argued the cause for respondents The Grand Cove II Condominium Association, Inc., Grand Cove Apartment Corporation and Grand Cove Master Association, Inc. (Hannoch Weisman, attorneys; Mr. Epstein, of counsel and on the brief).

Respondents National Union Fire Insurance Company of Pittsburgh, PA and North River Insurance Company did not file briefs.

Before Judges MICHELS, BAIME and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.A.D. (Retired and temporarily assigned on recall.)

We granted leave to appeal in two separate but related appeals1 from a Law Division order compelling Newark Insurance Company and Federal Insurance Company "at their own cost and expense [to] fully defend" the developers of a residential complex. Previously, we had denied both insurance...

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