New Jersey Manufacturers Ins. Co. v. National Casualty Co., A-0737-09T3; Appellate Division; opinion by Skillman, P.J.A.D.; decided and approved for publication April 29, 2010. Before Judges Skillman, Fuentes and Gilroy. On appeal from the Law Division, Morris County, L-3119-02. DDS No. 23-2-7712 [16 pp.]

Following a motor vehicle accident, Bernard and Gloria Brodsky filed a personal-injury and wrongful-death action against Grinnell Haulers and William Horsman. Horsman, who was not insured, filed for bankruptcy. Grinnell had a primary insurance policy with plaintiff New Jersey Manufacturers Insurance Company (NJM), with a coverage limit of $1 million, and an excess policy with defendant National Casualty Company (NCC), which provided an additional $4 million in coverage.