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POLAROME MFG. CO., INC. v. CIIC

310 N.J. Super. 168 (1998)

POLAROME MANUFACTURING COMPANY, INC., PLAINTIFF-APPELLANT, v. COMMERCE & INDUSTRY INSURANCE COMPANY, DEFENDANT/THIRD PARTY PLAINTIFF-RESPONDENT, v. HOME INSURANCE COMPANY, THIRD PARTY DEFENDANT-RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1998.

Attorney(s) appearing for the Case

Jeffrey M. Kadish, argued the cause for appellant Polarome (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Kadish, of counsel and on the brief; Jodi F. Bauer, on the brief).

Hardin, Kundla, McKeon, Poletto & Polifroni, attorneys for cross-appellant Home Insurance Company, join in the brief of appellant Polarome.

Bruce M. Strikowsky, argued the cause for third party plaintiff/respondent Commerce (Lester Schwab Katz & Dwyer, attorneys; Eric A. Portuguese and Mr. Strikowsky, of counsel and on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.

The opinion of the court was delivered by CARCHMAN, J.S.C. (temporarily assigned).

This is an insurance coverage case the disposition of which is dependent on whether New York or New Jersey law applies. If New York law applies, plaintiff's failure to provide timely notice to the insurer warrants a dismissal of plaintiff's declaratory judgment action seeking coverage. Applying the choice-of-law analysis mandated by the Supreme Court in State Farm Auto. Ins. Co....

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