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Aztar Corp. v. Marsh & Mclennan Co., Inc.

Superior Court of New Jersey, Appellate Division

October 3, 2013

AZTAR CORPORATION, Plaintiff-Appellant,
v.
MARSH & MCLENNAN COMPANIES, INC., MARSH, INC. and MARSH USA, INC., Defendants-Respondents

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 30, 2013

On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Docket No. L-4270-10.

Douglas E. Motzenbecker argued the cause for appellant (Gordon Rees, LLP, attorneys; Mr. Motzenbecker, of counsel and on the brief; Daniel J. DiMuro, on the brief).

Eric J. Van Vugt (Quarles & Brady, LLP) of the Wisconsin bar, admitted pro hac vice, argued the cause for respondents (Montgomery McCracken Walker & Rhoads, LLP and Mr. Van Vugt, attorneys; Gerald J. Corcoran and Mr. Van Vugt, on the brief).

Before Judges Grall, Koblitz and Accurso.

PER CURIAM

Plaintiff Aztar Corporation (Aztar) filed a complaint charging its insurance broker, defendant Marsh and McLennan Companies Inc (Marsh) with professional malpractice based upon its failure to obtain excess coverage for lost business income and business interruption expenses On Marsh's motion for summary judgment the trial court concluded that Arizona law controlled and barred the complaint as untimely filed Subsequently the court denied Aztar's motion for reconsideration and this appeal followed Substantially for the reasons Judge Kane set forth in comprehensive written opinions of April 10 and August 23 2012 we affirm We have considered Aztar's claims of error and found them lacking sufficient merit to require discussion in a written opinion R. 2:11-3(e)(1)(E)

Affirmed


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