ALFREDO CORTES AND CARMEN CORTES, PLAINTIFFS-APPELLANTS, v. INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, DEFENDANT-RESPONDENT

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. For affirmance — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI and STEIN — 6.

For reversal — One.

PER CURIAM.

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).