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LENDWAY v. MUSE

83 N.J. Super. 256 (1964)

199 A.2d 391

ADELE LENDWAY AND ERNEST LENDWAY, PLAINTIFFS, v. GWENDOLYN M. MUSE AND H. ROGERS MUSE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. HOME INDEMNITY COMPANY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 1964.

Attorney(s) appearing for the Case

Mr. Edward DeSevo argued the cause for appellant (Messrs. DeSevo & Cerutti, attorneys; Mr. Lloyd F. Lombardi, on the brief).

Mr. Wood M. DeYoe argued the cause for respondents (Messrs. Stalter, Doan & DeYoe, attorneys).

Before Judges CONFORD, FREUND and SULLIVAN.

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

On cross-motions for summary judgment the Law Division held third-party defendant Home Indemnity Company ("Home Indemnity" hereinafter) liable to indemnify defendants Muse, who are also third-party plaintiffs, on a claim for damages by plaintiffs in respect of an automobile collision near the Muses' home. Liability was based on a comprehensive homeowners' personal liability insurance policy issued by Home...

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