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UNSATISFIED CLAIM & JUDGMENT FD. BD. v. CLIFTON

117 N.J. Super. 5 (1971)

283 A.2d 350

THE UNSATISFIED CLAIM AND JUDGMENT FUND BOARD AND JOSEPH POLAND, PLAINTIFFS-APPELLANTS, v. JOHN CLIFTON, THE ATLANTIC REFINING CO., CURTIS HINCKLEY, HARLEYSVILLE MUTUAL INSURANCE CO., GEORGE HAROLD LAUTERWASSER AND GEORGE HENRY LAUTERWASSER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1971.

Attorney(s) appearing for the Case

Mr. Frank J. Skok argued the cause for appellants (Mr. Thomas J. Kapsak of counsel; Messrs. Seiffert, Frisch & Gruber, attorneys).

Mr. Richard A. Amdur argued the cause for respondent, Harleysville Mutual Insurance Co. (Messrs. Hanlon, Argeris & Amdur, attorneys).

Statement in lieu of brief filled on behalf of defendant Atlantic Refining Co. (Messrs. McCarter & English, attorneys).

Statement in lieu of brief filed on behalf of defendants Lauterwasser (Messrs. Chamlin and Schottland, attorneys).

Before Judges SULLIVAN, LEONARD and CARTON.

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

Involved in this declaratory judgment action is the interpretation of an exclusionary clause in an automobile liability policy and the extent of its effect on the omnibus clause of the policy.

The pertinent factual background is substantially undisputed. One Poland was employed by John Clifton, who operated a service station which he leased from Atlantic Refining Co. A customer, Curtis Hinckley, left...

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