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HARROW STORES, INC. v. HANOVER INS.

719 A.2d 196 (1998)

315 N.J. Super. 547

HARROW STORES, INC., Plaintiff-Appellant/ Cross-Respondent, v. The HANOVER INSURANCE COMPANY and Massachusetts Bay Insurance Company, Defendants-Respondents/ Cross-Appellants, and Trojan Metal Fabrication, Inc., Rudy Reino, Donato Reino, Newport Trojan and Lisa D'Achille, Defendants-Respondents. The HANOVER INSURANCE COMPANY and Massachusetts Bay Insurance Company, Defendants/Third-Party Plaintiffs, v. UNITED COMMUNITY INSURANCE CO., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1998.

Attorney(s) appearing for the Case

Mark M. Tallmadge, Florham Park, for plaintiff-appellant/cross-respondent (Bressler, Amery & Ross, attorneys; Mr. Tallmadge and Sean T. O'Neil, on the brief).

Rudolph G. Morabito, Montclair, for defendants-respondents/cross-appellants (Garrity, Graham, Favetta & Flinn, attorneys; Mr. Morabito, of counsel and on the brief; Laura M. Plastine, on the brief).

Respondents Trojan Metal Fabrication, Inc., Rudy Reino, Donato Reino, Newport Trojan and Lisa D'Achille, did not file briefs.

Before Judges PRESSLER, KLEINER and STEINBERG.

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

This appeal requires us to construe N.J.S.A. 17:30A-12b, added to the New Jersey Property-Liability Insurance Guaranty Act, N.J.S.A. 17:30A-1 to -20, by L. 1996, c. 156, § 2. The question is whether that amendment requires the exhaustion by the claimant of all other available insurance before resort may be had to the Property-Liability Insurance Guaranty Association as the...

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