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KUHNEL v. CNA INS. COMPANIES

731 A.2d 564 (1999)

322 N.J. Super. 568

Diane KUHNEL, individually and on behalf of all other Workers' Compensation Lien Payers similarly situated, Plaintiffs-Appellants, v. CNA INSURANCE COMPANIES, a Workers' Compensation Lien Payee, Continental Casualty Co., American Casualty Company of Reading, Pennsylvania, National Fire Insurance Company of Hartford, Transcontinental Insurance Company, Transportation Insurance Company, and Valley Forge Insurance Company, Defendants-Respondents. James Streeper, and Anthony Gaitanos, individually, and on behalf of all other Workers' Compensation Lien Payers similarly situated, Plaintiffs-Appellants/ Cross-Respondents, v. Aetna Insurance Company, a New Jersey Workers' Compensation Lien Payee, Defendant-Respondent/ Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1999.

Attorney(s) appearing for the Case

Robert S. Kitchenoff for plaintiffs-appellants in both appeals (Westmoreland, Vesper & Schwartz, and Mr. Kitchenoff (Weinstein Kitchenoff Scarlato & Goldman), attorneys; R.C. Westmoreland and Mr. Kitchenoff, on the briefs).

Richard V. Jones for defendants-respondent CNA Insurance Companies in A-4349-97T3 (Bressler, Amery & Ross, attorneys; Mr. Jones, on the brief).

Kevin T. Coughlin, Morristown, for defendant-respondent/cross-appellant Aetna Casualty and Surety Company in A-4689-97T5 (McElroy, Deutsch & Mulvaney, attorneys; Mr. Coughlin, of counsel and on the brief; Vincent E. Reilly, on the brief).

Before Judges KESTIN, WEFING and CARCHMAN.

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

Chief Justice Charles Evans Hughes characterized questions of retroactivity "among the most difficult" issues addressed by courts, Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 374, 60 S.Ct. 317, 319, 84 L.Ed. 329, 333 (1940). Our Supreme Court acknowledged that "the passage of time and a maturing of...

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