Legal Opinion

Salem Group v. Oliver

Supreme Court of New Jersey

Decided May 27, 1992PublishedCited by 49 opinions

1Per curiam

This case comes to us on an appeal as of right, R. 2:2-l(a), one judge in the Appellate Division having dissented from that court’s judgment that the homeowner’s policy issued by the insurer, Salem Group, to its insured, Dallas Newman, obligates the insurer to defend the insured.

We affirm the judgment of the Appellate Division substantially for the reasons set forth in Judge King’s thorough opinion reported at 248 N.J.Super. 265, 590 A.2d 1194 (1991). In affirming, we recognize the concerns of our dissenting colleagues, who find dispositive the exclusion from coverage “for any loss * * * for…

2Cases cited10 opinions

  1. State Farm Mutual Automobile Insurance v. PartridgeCalifornia Supreme Court · 1973
  2. Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
  3. Allen v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1965
  4. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  5. MERCHANTS IND. CORP., OF NY v. EgglestonSupreme Court of New Jersey · 1962

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3Cited by49 opinions

  1. Flomerfelt v. CardielloSupreme Court of New Jersey · 2010
  2. Simonetti v. Selective Ins. Co.New Jersey Superior Court Appellate Division · 2004
  3. SEARCH EDP v. American Home Assur.New Jersey Superior Court Appellate Division · 1993
  4. State Farm Mutual Automobile Insurance v. RobertsSupreme Court of Vermont · 1997
  5. Victory Peach Group, Inc. v. Greater New York Mutual InsuranceNew Jersey Superior Court Appellate Division · 1998

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