RE/MAX OF NJ, INC. v. WAUSAU INS. COMPANIES


744 A.2d 154 (2000)

162 N.J. 282

RE/MAX OF NEW JERSEY, INC., a corporation of the State of New Jersey; Focus Real Estate, Inc. t/a Re/ Max Results Real Estate; Laden Corp. t/a Re/Max Realty Experts, Re/ Max Future Real Estate Professionals, Inc., O. Herrara, Inc. t/a Villa Realtors, Plaintiffs-Appellants, v. WAUSAU INSURANCE COMPANIES; Aetna Life & Casualty and New Jersey Re-Insurance Company, Defendants-Respondents, and Pennsylvania National Insurance Company, Defendant. The Travelers Insurance Company, Plaintiff-Respondent, v. Comprehensive Realty Company t/a Re/Max Tri County, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 27, 2000.


Attorney(s) appearing for the Case

Mark G. Schwartz, for plaintiffs-appellants (Westmoreland, Vesper & Schwartz, attorneys, Pleasantville; Mr. Schwartz and Katherine M. Morris, on the brief).

Robert J. Kelly, Morristown, for defendant-respondent New Jersey Re-Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Mr. Kelly, William T. McElroy and John T. Coyne, on the brief).

Jonathan M. Kuller, Woodbridge, for defendants-respondents Wausau Insurance Companies, Aetna Life & Casualty and the Travelers Insurance Company (L'Abbate, Balkan, Colavita & Contini, attorneys, Livingston).

Barry S. Goodman, Woodbridge, for amicus curiae, New Jersey Association of Realtors (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys).


The opinion of the Court was delivered by COLEMAN, J.

The primary issue raised in this appeal is whether licensed real estate salespersons should be considered employees or independent contractors for purposes of computing workers' compensation insurance premiums. The Compensation Rating and Inspection Bureau, whose function it is to establish the classification of risks, base rates, system of merit or schedule rating and premiums to be charged based on those risks...

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