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Sunday, January 8, 2012

JOHN CAMBRIA VS. TWO JFK BLVD, LLC, ET AL. VS. JFK FOOD & DELI, INC., ET AL. A-0802-10T2

JOHN CAMBRIA VS. TWO JFK BLVD, LLC, ET AL. VS. JFK

FOOD & DELI, INC., ET AL.

A-0802-10T2

In this action, plaintiff was injured as a result of a slip

and fall on ice in the parking lot of a strip mall. In the

appeal, the court considered whether a tenant's insurer owed any

duty to the landlord and the landlord's real estate manager

where the record revealed that, despite agreement, the tenant

had failed to have the landlord named as an additional insured.

The trial court entered summary judgment in favor of the

landlord and real estate manager based on the tenant's insurer's

policy term that it would provide coverage for "[a]ny person

. . . acting as your real estate manager." The court reversed,

finding there could only be coverage if it could be shown that

the real estate manager was the tenant's real estate manager and

concluding that the evidence did not support a finding that the

tenant bore any responsibility for the parking lot area. As a

result, the real estate manager did not act for the tenant, only

the landlord, in maintaining the parking lot. 01-05-12