DAILY-NEED PHARMACY v. ARTHUR J. GALLAGHER

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0753-08T10753-08T1

DAILY-NEED PHARMACY, ADESHINA

BAMIGBADE, and OLADIMEJI BAMIGBADE,

Plaintiffs-Appellants,

v.

ARTHUR J. GALLAGHER, RMS, INC.,

and TRANSCONTINENTAL INSURANCE

COMPANY (C.N.A.),

Defendants-Respondents.

___________________________________________________________

 

Submitted July 6, 2010 - Decided

Before Judges Skillman and Wefing.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket

No. L-3716-07.

Oladimeji A. Bamigbade, attorney pro se.

Mintzer, Sarowitz, Zeris, Ledva & Myers, attorneys for respondent Arthur J. Gallagher, RMS, Inc. (John H. Maucher, on the brief).

Colliau, Elenius, Murphy, Carluccio, Keener & Morrow, attorneys for respondent Transcontinental Insurance Co. (Howard R. Rabin, on the brief).

PER CURIAM

Plaintiffs, who operate a pharmacy, obtained a business insurance policy issued by defendant Transcontinental Insurance Company through defendant Arthur J. Gallagher, RMS, an insurance broker. Plaintiffs submitted a claim for business loss resulting from the return of expired drugs to the manufacturer, which is required by federal law. This claim was rejected on the ground that such loss does not constitute "property damage" under the terms of the policy issued to plaintiffs. Plaintiffs then brought this lawsuit. The trial court dismissed the complaint as to all defendants. Plaintiffs have appealed. The arguments presented by plaintiffs are clearly without merit and do not warrant detailed discussion. R. 2:11-3(e)(1)(E).

Affirmed.

 

Improperly pleaded as Valley Forge Company (CNA), and American Casualty Company (CNA).

(continued)

(continued)

2

A-0753-08T1

August 9, 2010