PHILIP WEISBECKER, JR. v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3501-04T33501-04T3

PHILIP WEISBECKER, JR.,

Plaintiff-Appellant/

Cross-Respondent,

v.

NEW JERSEY MANUFACTURERS

INSURANCE COMPANY,

Defendant-Respondent/

Cross-Appellant,

and

WARD TRUCKING, INC. as serviced

by HARTFORD INSURANCE GROUP,

Defendant-Respondent.

____________________________________

 

Argued May 16, 2006 - Decided June 8, 2006

Before Judges Skillman and Sabatino.

On appeal from Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-4045-04.

Lawrence G. Tosi argued the cause for appellant/cross-respondent (Warren & Tosi, attorneys; Mr. Tosi, of counsel and on the brief).

Stephen O. Mortenson argued the cause for respondent/cross-appellant (Mortenson and Pomeroy, attorneys; Mr. Mortenson and Karen E. Heller, on the brief).

Sweeney & Sheehan, attorneys for respondent Ward Trucking Inc. (Christopher J. O'Connell, on the letter brief).

PER CURIAM

Plaintiff appeals the part of the February 4, 2005 order of the Law Division denying his motion to vacate the uninsured motorist arbitration award challenged in this action. Defendant New Jersey Manufacturers Insurance Company (NJM) cross-appeals from the part of the order that denied its motion for sanctions. We reject the arguments presented on both the appeal and cross-appeal and affirm the February 4, 2005 order substantially for the reasons set forth in Judge Humphreys' January 25, 2005 written opinion. We also note that plaintiff's failure to object to Mr. DePascale's decision to continue as an arbitrator after he was hired by a law firm that provides representation to NJM constituted a "waiver" of that obligation under N.J.S.A. 2A:23B-12(h), which was enacted subsequent to Barcon Associates, Inc. v. Tri-County Asphalt Corp., 86 N.J. 179 (1981).

 
Affirmed.

(continued)

(continued)

2

A-3501-04T3

June 8, 2006