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ATLANTIC MUT. INS. CO. v. RICHARDS

100 N.J. Super. 180 (1968)

241 A.2d 468

ATLANTIC MUTUAL INSURANCE COMPANY, A CORPORATION, AND SAPOLIN PAINTS INC., A CORPORATION, PLAINTIFFS, v. MARY A. RICHARDS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF EDWARD RICHARDS, DECEASED, NATIONAL LEAD COMPANY, A CORPORATION AND THE EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 20, 1968.

Attorney(s) appearing for the Case

Mr. Richard J. Badolato for plaintiff Atlantic Mutual Insurance Company (Messrs. Schneider & Morgan, attorneys).

Mrs. Sonia Napolitano for defendant Employers' Liability Assurance Corporation, Ltd. (Messrs. Pindar, McElroy, Connell & Foley, attorneys).

FURMAN, J.S.C.

This litigation is to determine whether there is insurance coverage under a loading and unloading clause in an automobile liability policy. The facts are undisputed on motion and cross-motion for summary judgment (R.R. 4:58).

Edward Richards was unloading a 50-pound bag of Bentone from the truck of his employer, National Lead Company, at the loading platform of Sapolin Paints, Inc. He fell into an open stairwell and sustained injuries...

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