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SELECTED RISKS INS. CO. v. NATIONWIDE MUT. INS. CO.

133 N.J. Super. 205 (1975)

336 A.2d 24

SELECTED RISKS INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, A CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND ANGELA V. DEL PLATO, HARRY A. DEL PLATO AND ELVERA F. PALUMBO, GENERAL ADMINISTRATRIX FOR THE ESTATE OF JOHN D. PALUMBO, DECEASED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1975.

Attorney(s) appearing for the Case

Mr. David B. Rand argued the cause for plaintiff-appellant and cross-respondent Selected Risks Insurance Company (Messrs. Schenck, Price, Smith & King, attorneys).

Mr. Donald B. Connolly argued the cause for defendant-respondent and cross-appellant Nationwide Mutual Insurance Company (Messrs. Oppenheim & Oppenheim, attorneys).

Before Judges CARTON, CRANE and KOLE.

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

This appeal concerns the scope of the respective coverages provided under an automobile liability insurance policy and a garage liability policy in an accident which occurred at the garage owner's service station.

The parties stipulated the facts. Harry A. Del Plato drove his station wagon to Battlehill Esso for the purpose of having it serviced and to correct an unsatisfactory idling condition in...

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