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SELECTIVE WAY INSURANCE COMPANY v. ARTHUR J. OGREN, INC.,

No. A-3491-09T1.

SELECTIVE WAY INSURANCE COMPANY, Plaintiff-Appellant, v. ARTHUR J. OGREN, INC., CUMBERLAND COUNTY BOARD OF CHOSEN FREEHOLDERS, Defendants-Respondents, and THE VITETTA GROUP and CONTINENTAL INSURANCE COMPANY, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2010.

Attorney(s) appearing for the Case

Glenn D. Curving argued the cause for appellant (Riker, Danzig, Scherer, Hyland & Perretti, LLP, attorneys; Mr. Curving , of counsel and on the brief; Peter M. Perkowski, Jr. , on the brief).

Steven L. Rothman argued the cause for respondent Cumberland County Board of Chosen Freeholders (Lipman, Antonelli, Batt, Gilson, Malestein, Rothman & Capasso, attorneys; Mr. Rothman , of counsel; Jane B. Capasso , on the brief).

Susan J. Wall argued the cause for respondent Arthur J. Ogren, Inc. (Steven A. Berkowitz & Associates, P.C., attorneys; Ms. Wall , on the brief).

Before Judges Skillman, Parrillo and Espinosa.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Plaintiff Selective Way Insurance (Selective) sought a declaratory judgment that it did not owe a defense or indemnification for its insured, defendant Arthur J. Ogren, Inc. (Ogren), for claims arising from damages that were manifested approximately two years prior to Selective's policy period. Selective now appeals from an order that denied summary judgment to it and we reverse...

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