Supreme Court of New Jersey, 1989

Cortes v. Interboro Mutual Indemnity Insurance

Cortes v. Interboro Mutual Indemnity Insurance
Supreme Court of New Jersey · Decided May 11, 1989 · Hern
115 N.J. 190; 557 A.2d 1001; 1989 N.J. LEXIS 54

Cortes v. Interboro Mutual Indemnity Insurance

Opinion of the Court

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division reported at 232 N.J.Super. 519 (1988).

Dissenting Opinion

O’HERN, J.,

dissenting.

I would reverse on the basis of that portion of the Appellate Division dissent that would hold the exclusive remedy defense to have been waived in the circumstances of this case.

For affirmance — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI and STEIN — 6.

For reversal — One.

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