HOME STATE INSURANCE CO. v. Continental Insurance Co.
HOME STATE INSURANCE CO. v. Continental Insurance Co.
Concurring Opinion
concurring.
This appeal is before the Court as of right, R. 2:2-1(a), based on Judge Wefing’s dissent below in which she concluded that Continental Insurance Company’s (Continental) comprehensive general liability (CGL) policy rather than Home State Insurance Company’s (Home State) automobile policy should provide coverage for plaintiffs injury claim. Home State Ins. Co. v. Continental Ins. Co., 313 N.J.Super. 584, 596-600, 713 A.2d 557 (App.Div. 1998) (Wefing, J., dissenting). In our view, that dissent fairly presents to this Court for resolution the issue whether either or both
STEIN and COLEMAN, JJ., concurring in the result.
For affirmance — Chief Justice PORITZ and Justices HANDLER, POLLOCK, O’HERN, GARIBALDI, STEIN, and COLEMAN — 7.
Opposed — None.
Opinion of the Court
The judgment is affirmed, substantially for the reasons expressed in Judge Baime’s opinion of the Appellate Division, reported at 313 N.J.Super. 584, 713 A.2d 557 (1998).
Reference
- Full Case Name
- Home State Insurance Company, Through Its Liquidator, Elizabeth Randell, and Her Successors as Commissioner of Banking and Insurance of the State of New Jersey, Plaintiff-Appellant, v. Continental Insurance Company, Defendant-Respondent, and Jaime Skierski, an Infant by Her Guardian Ad Litem, Beverly Skierski, and Beverly Skierski, Individually, Irving Raphael, Inc., Leila Steinnagel, John Doe and Jane Doe, Names Being Fictitious, Real Names Unknown, Defendants
- Cited By
- 10 cases
- Status
- Published