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PRESIDENT v. JENKINS

853 A.2d 247 (2004)

180 N.J. 550

Deborah PRESIDENT and Perry President, Plaintiffs, v. Dr. Reginald JENKINS, Defendant-Appellant, and St. Barnabas Medical Center, Dr. Lamberto Flores, Dr. Francine Hughes, Dr. John Doe, Dr. Robert Roe, (fictitious name), Sally Smith (fictitious name), XYZ Brokerage Agency, (fictitious name) and Princeton Insurance Company, Defendants, and C & R Insurance Agency and Zurich Insurance Company, Defendants-Respondents.

Supreme Court of New Jersey.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Hugh P. Francis, Morristown, argued the cause for appellant (Francis & Berry, attorneys; Peter A. Olsen, on the brief).

Eric L. Harrison, Edison, argued the cause for respondent C & R Insurance Agency (Methfessel & Werbel, attorneys).

Kevin T. Coughlin argued the cause for respondent Zurich American Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Robert W. Muilenberg and David D. Hess, Morristown, on the brief).

Nooshin Namazi submitted a brief on behalf of amicus curiae, Professional Insurance agents of New Jersey (Nicoletti, Hornig, Campise, Sweeney & Paige, attorneys; David H. Paige, New York, NY, a member of the New York bar, on the brief).

Justice WALLACE delivered the opinion of the Court.

In this insurance case, we consider two separate issues: (1) whether a "claims made" professional liability insurance policy issued by a successor insurer provides coverage for an asserted claim against its insured, and (2) whether the insurance agent breached its duty of care in procuring the policy for the insured. The trial court granted summary judgment in favor of both the insurer and the agent. The Appellate...

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