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HOME STATE INSURANCE CO. v. CONTINENTAL INSURANCE CO.

726 A.2d 1289 (1999)

158 N.J. 104

HOME STATE INSURANCE COMPANY, through its Liquidator, Elizabeth RANDELL, and her successors as Commissioner of Banking and Insurance of the State of New Jersey, Plaintiff-Appellant, v. CONTINENTAL INSURANCE COMPANY, Defendant-Respondent, and Jaime Skierski, an infant by her Guardian Ad Litem, Beverly Skierski, and Beverly Skierski, individually, Irving Raphael, Inc., Leila Steinnagel, John Doe and Jane Doe, names being fictitious, real names unknown, Defendants.

Supreme Court of New Jersey.

Decided April 20, 1999.

Attorney(s) appearing for the Case

David A. Mazie, Livingston, for plaintiff-appellant (Nagel Rice & Dreifuss, attorneys; Mr. Mazie and Robert G. Lavitt, on the briefs).

Jamie D. Happas, New Brunswick, for defendant-respondent (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in Judge Baime's opinion of the Appellate Division, reported at 313 N.J.Super. 584, 713 A.2d 557 (1998).

STEIN, J. and COLEMAN, J., concurring.

This appeal is before the Court as of right, R. 2:2-1(a), based on Judge Wefing's dissent below in which she concluded that Continental Insurance Company...

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