AETNA v. SIMONE, 170 N.J. 438 (2002)

790 A.2d 157

AETNA CASUALTY SURETY COMPANY and TRAVELERS PROPERTY CASUALTY COMPANY, Plaintiffs-Respondents, v. JAMES SIMONE, DEBRA SIMONE, JIMMY SIMONE, an infant by his parents JAMES and DEBRA SIMONE, Defendants, and VINCENT IORIO, an infant by his guardian ad litem RALPH IORIO, and RALPH IORIO, individually, Defendants-Appellants.

A-2 September Term 2001Supreme Court of New Jersey.Argued January 14, 2002
Decided February 6, 2002

On certification to the Superior Court, Appellate Division, whose opinion is reported at 340 N.J. Super. 19 (2001).

Page 439

CHIEF JUSTICE PORITZ, and JUSTICES COLEMAN, LONG, VERNIERO, LAVECCHIA,and ZAZZALI join in this opinion. JUSTICE STEIN did not participate.

Kenneth G. Andres, Jr., argued the cause for appellants (AndresBerger, attorneys; Kevin Haverty, on the brief).

Michael B. Oropollo argued the cause for respondents (Harwood Lloyd, attorneys).

Lawrence C. Wohl submitted a brief on behalf of amicus curiae, Association of Trial Lawyers — New Jersey (Pellettieri, Rabstein Altman, attorneys).

PER CURIAM

The judgment is affirmed, substantially for the reasons expressed in Judge King’s opinion of the Appellate Division, reported at 340 N.J. Super. 19 (2001).