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MOTOR CLUB FIRE & CAS. CO. v. N.J. MFRS. INS. CO.

135 N.J. Super. 362 (1975)

343 A.2d 473

MOTOR CLUB FIRE & CASUALTY CO., PLAINTIFF-RESPONDENT, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-APPELLANT, AND FRANCES SCIBETTA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1975.

Attorney(s) appearing for the Case

Mr. Richard D. Catenacci argued the cause for appellant New Jersey Manufacturers Insurance Company (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. Jerome S. Lieb argued the cause for respondent Motor Club Fire & Casualty Co. (Messrs. Lieb, Teich & Berlin, attorneys).

Mr. Judson L. Levin argued the cause for respondent Frances Scibetta.

Before Judges MATTHEWS, FRITZ and BOTTER.

PER CURIAM.

New Jersey Manufacturers Insurance Company (NJM) appeals from a judgment declaring that the insurance policy which it issued to Jennie V. Leonard affords primary coverage for an accident which occurred while Nicholas Scibetta (Nicholas) was driving Mrs. Leonard's automobile. At the time Nicholas owned an automobile which was insured by plaintiff, Motor Club Fire & Casualty Company (MCA), whose policy covered Nicholas while operating

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