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HANOVER INS. CO. v. FRANKE

75 N.J. Super. 68 (1962)

182 A.2d 164

THE HANOVER INSURANCE COMPANY, A CORPORATION, AND THE TOWNSHIP OF DELAWARE, A MUNICIPAL CORPORATION, PLAINTIFFS-RESPONDENTS, v. JACK N. FRANKE AND ROSE FRANKE, HIS WIFE, JAMES A. BUTLER, DEFENDANTS, AND MARTIN ROTH AND RAE ROTH, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1962.

Attorney(s) appearing for the Case

Mr. Milford J. Meyer (of the Pennsylvania Bar) argued the cause for appellants pro hac vice (Mr. Thomas W. Rauffenbart, attorney; Messrs. Meyer, Lasch, Hankin & Poul, of the Pennsylvania Bar, of counsel).

Mr. Michael Patrick King argued the cause for respondents (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Before Judges GOLDMANN, FREUND and FOLEY.

The opinion of the court was delivered by FOLEY, J.A.D.

The question before us concerns the coverage provided by the omnibus clause of an automobile liability insurance policy issued by the plaintiff insurance company to the Township of Delaware (now Cherry Hill Township).

The essential facts are not in dispute. Defendant James A. Butler was regularly employed by the township as a bulldozer operator. For a considerable...

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