Legal Opinion

Wilton v. Cycle Trucking, Inc.

New Jersey Superior Court Appellate Division

Decided November 17, 1987PublishedCited by 2 opinions

1Opinion of the Court

SACHAR, J.S.C.

This matter is on remand from the Appellate Division with respect to whether the Guaranty Association is liable for prejudgment interest in a tort action, or whether the defendant insured is liable for said prejudgment interest.

On April 3, 1986, Midland Insurance Company was declared insolvent, resulting in a 180-day court-ordered stay of the litigation being entered on or about April 3, 1986. As a result of Midland’s insolvency, the mechanism for payment of “covered claims” by the New Jersey Property-Liability Insurance Guaranty Association Act was triggered. N.J.S.A. 17:30A-1…

2Cases cited26 opinions

  1. Busik v. LevineSupreme Court of New Jersey · 1973
  2. Bak-A-Lum Corp. of America v. Alcoa Building Products, Inc.Supreme Court of New Jersey · 1976
  3. Two Guys From Harrison, Inc. v. FurmanSupreme Court of New Jersey · 1960
  4. Safeway Trails, Inc. v. FurmanSupreme Court of New Jersey · 1964
  5. Ellmex Const. Co., Inc. v. Republic Ins. Co.New Jersey Superior Court Appellate Division · 1985

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3Cited by2 opinions

  1. G-I Holdings, Inc. v. Reliance Insurance (In Re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2002
  2. Wilton v. Cycle Trucking, Inc.New Jersey Superior Court Appellate Division · 1989

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