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CRITERION INSURANCE COMPANY. v. KUPIEC

134 N.J. Super. 301 (1975)

340 A.2d 673

CRITERION INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. MICHAEL KUPIEC, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Messrs. Casby and Garrigle, attorneys for appellant (Mr. William A. Garrigle of counsel and on the brief).

Messrs. Orlando, Yampell, Forgash and Slimm, attorneys for respondent (Mr. Michael A. Orlando on the brief).

Before Judges CARTON, CRANE and KOLE.

PER CURIAM.

Plaintiff Criterion Insurance Company (Criterion) is the insurance carrier for Polanski, the owner of an automobile operated by defendant Kupiec that was involved in an accident. Persons claiming to have sustained damages as a result thereof instituted actions therefor. Criterion at first denied coverage on the ground that Kupiec did not have the permission of the insured to drive, and filed a declaratory judgment action for the purpose of an adjudication...

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