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Daily-Need Pharmacy v. Gallagher

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 9, 2010

DAILY-NEED PHARMACY, ADESHINA BAMIGBADE, AND OLADIMEJI BAMIGBADE, PLAINTIFFS-APPELLANTS,
v.
ARTHUR J. GALLAGHER, RMS, INC., AND TRANSCONTINENTAL INSURANCE COMPANY (C.N.A.),*FN1 DEFENDANTS-RESPONDENTS.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-3716-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 6, 2010

Before Judges Skillman and Wefing.

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.


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