GIL v. CLARA MAASS MEDICAL CENTER

Docket No. A-4034-14T4.

162 A.3d 1093 (2017)

450 N.J.Super. 368

Keyko GIL, Individually and as Guardian ad Litem for the infant Kenneth Gil, Plaintiffs-Appellants, v. CLARA MAASS MEDICAL CENTER, Defendant-Respondent, and Huseyin Copur, M.D., and Firstchoice Ob-Gyn LLC, Defendants, and Executive Risk Specialty Insurance Company; Lexington Insurance Company; Endurance Specialty Insurance Company, Ltd; First Specialty Insurance Company; and Steadfast Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 2017.


Attorney(s) appearing for the Case

David A. Mazie argued the cause for appellants (Mazie Slater Katz & Freeman, LLC, attorneys; Mr. Mazie and David M. Estes , on the brief).

Lauren M. Strollo argued the cause for respondent, Clara Maass Medical Center (Vasios, Kelly & Strollo, P.A., attorneys; Ms. Strollo, of counsel; Douglas M. Singleterry , on the brief).

Katherine E. Tammaro argued the cause for respondent Executive Risk Specialty Insurance Company (Tressler LLP, attorneys; Ms. Tammaro, of counsel; Ms. Tammaro and Kevin Sullivan , on the brief).

Michael J. Rossignol argued the cause for respondents Lexington Insurance Company, Endurance Specialty Insurance, LTD., First Specialty Insurance Company and Steadfast Insurance Company (Riker Danzig Scherer Hyland & Perretti LLP, attorneys; Mr. Rossignol, of counsel and on the brief; Brooks H. Leonard , on the brief).1

John T. Coyne argued the cause for respondents Endurance Specialty Insurance, Ltd., and First Specialty Insurance Corporation (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. Coyne, of counsel and on the brief).

Kevin T. Coughlin argued the cause for respondent Steadfast Insurance Company (Coughlin Duffy, LLP, attorneys; Julia C. Talarick , of counsel and on the brief).

Before Judges Fisher, Ostrer and Vernoia (Judge Ostrer concurring).


The opinion of the court was delivered by

In this appeal, we examine clauses contained in insurance policies covering a hospital to determine, among other things, whether the trial judge erred in rejecting plaintiffs' arguments that an allegedly negligent physician was also covered because he was the hospital's "employee...

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