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BUTLER v. BONNER & BARNEWALL, INC.

56 N.J. 567 (1970)

267 A.2d 527

MARGARET BUTLER AND WILLIAM BUTLER, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. BONNER & BARNEWALL, INC., A CORPORATION, DEFENDANTS. MARY BUENAGA, DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. PEERLESS INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT AND RESPONDENT, AND OHIO CASUALTY INSURANCE GROUP AND WEST AMERICAN INSURANCE CO., THIRD-PARTY DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 24, 1970.

Attorney(s) appearing for the Case

Mr. Marshall Selikoff argued the cause for Peerless Insurance Company (Messrs. Jung, Selikoff, Rathman & Dwyer, attorneys; Mr. Selikoff, of counsel; Mr. John R. Zimmerman, on the brief).

Mr. Hugh J. O'Gorman argued the cause for Mary Buenaga (Messrs. Cunneen & O'Gorman, attorneys; Mr. O'Gorman, of counsel and on the brief).

Mr. Arthur J. Messineo, Jr. argued the cause for Margaret Butler and William Butler (Messrs. Messineo & Messineo, attorneys; Mr. Arthur J. Messineo, Jr., of counsel; Mr. Dennis P. LaHiff, on the brief).

Mr. Robert E. Monaghan argued the cause for Ohio Casualty Insurance Group and West American Insurance Co. (Messrs. Schneider & Morgan, attorneys; Mr. Monaghan, of counsel).

The opinion of the court was delivered by HALL, J.

This complicated controversy about automobile liability insurance coverage arose out of a one car accident on May 5, 1967 in which plaintiff Margaret Butler sustained personal injuries. She was a passenger in a car driven by defendant-third-party plaintiff Mary Buenaga and owned by defendant Bonner and Barnewall, Inc. (Bonner), a processing concern which employed Mrs. Buenaga...

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