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MYSKA v. NEW JERSEY MFRS. INS.

Docket No. A-4398-13T4, A-0275-14T4

114 A.3d 761 (2015)

440 N.J. Super. 458

Patricia C. MYSKA, Dax Morales and Katherine K. Wagner, Plaintiffs, and John B. Todisco, Plaintiff-Appellant, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY and AAA Mid-Atlantic Insurance Company of New Jersey, Defendants, and Palisades Insurance Company, Defendant-Respondent. Patricia Myska and Katherine Wagner, Plaintiffs-Appellants, and John B. Todisco and Dax Morales, Plaintiffs, v. New Jersey Manufacturers Insurance Company, Defendant-Respondent, and Palisades Insurance Company and AAA Mid-Atlantic Insurance Company of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 2015.

Attorney(s) appearing for the Case

Eric D. Katz and Stephen T. Sullivan, Jr. , argued the cause for appellants (Mazie Slater Katz & Freeman, LLC, and Keefe Bartels, LLC, attorneys; Mr. Katz, David M. Estes , Roseland, and Mr. Sullivan, Red Bank, on the briefs).

Bruce D. Greenberg and Daniel J. Pomeroy argued the cause for respondent (A-0275-14) New Jersey Manufacturers Insurance Company (Lite DePalma Greenberg, LLC, and Pomeroy, Heller & Ley, LLC, attorneys; Mr. Greenberg, Newark, Mr. Pomeroy, and Karen E. Heller , Springfield, on the briefs).

Robert J. DelTufo (Skadden, Arps, Slate, Meagher & Flom, LLP) argued the cause for respondent (A-4398-13) Palisades Insurance Company.

Before Judges LIHOTZ, ESPINOSA and ST. JOHN.

The opinion of the court was delivered by

On remand from the Supreme Court, we consider these appeals, calendared back-to-back and consolidated for purposes of our opinion. In their putative class action complaint, plaintiffs challenged defendant-insurers' alleged denial of diminution in value damages, as a covered component...

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