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MONGUSO v. PIETRUCHA

87 N.J. Super. 492 (1965)

210 A.2d 81

WILLIAM MONGUSO, AN INFANT BY HIS GUARDIAN AD LITEM ANTHONY MONGUSO AND ANTHONY MONGUSO, INDIVIDUALLY, PLAINTIFFS, v. WILLIAM PIETRUCHA, DEFENDANT AND THIRD-PARTY PLAINTIFF, AND JOHN J. RUSH, ADMINISTRATOR AD LITEM OF THE ESTATE OF RICHARD PIETRUCHA, DECEASED, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. DAVID BERMAN, THIRD-PARTY DEFENDANT, AND SELECTED RISKS INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1965.

Attorney(s) appearing for the Case

Mr. Francis J. Beyrent argued the cause for Selected Risks Insurance Company (Messrs. Schenck, Price, Smith & King, attorneys).

Mr. Thomas R. Farley argued the cause for John J. Rush (Messrs. Farley & DeFilippo, attorneys).

Mr. Harold D. Feuerstein argued the cause for David Berman (Messrs. Feuerstein & Sachs, attorneys).

Before Judges GAULKIN, FOLEY and COLLESTER.

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

Selected Risks Insurance Company (Selected) appeals from a judgment holding it liable to John J. Rush as administrator of the estate of Richard Pietrucha, deceased, for counsel fees and other expenses incurred in defending an action brought by the Mongusos.

Selected issued an automobile liability policy to defendant William Pietrucha, the father of Richard. The policy was obtained by William from...

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