Decided: May 11, 1989.
ALFREDO CORTES AND CARMEN CORTES, PLAINTIFFS-APPELLANTS,
INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, DEFENDANT-RESPONDENT
On appeal from the Superior Court, Appellate Division, whose opinion is reported at 232 N.J. Super. 519.
For affirmance -- Chief Justice Wilentz, and Justices Clifford, Handler, Pollock, Garibaldi and Stein. For reversal -- One. O'Hern, J., dissenting.
[115 NJ Page 190]
The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division reported at 232 N.J. Super. 519 (1988).
O'HERN, J., dissenting.
I would reverse on the basis of that portion of the Appellate Division dissent that would hold the exclusive remedy defense to have been waived in the circumstances of this case.