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OAKES v. STATE FARM FIRE & CASUALTY CO.

137 N.J. Super. 365 (1975)

349 A.2d 102

RUSSELL OAKES, PLAINTIFF-RESPONDENT, v. STATE FARM FIRE & CASUALTY COMPANY, A CORPORATION HAVING AUTHORITY TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND EDWARD APPLETON, JR., AN INFANT BY HIS GUARDIAN AD LITEM, EDWARD APPLETON, SR., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1975.

Attorney(s) appearing for the Case

Messrs. Oppenheim & Oppenheim, attorneys for appellant (Mr. Donald B. Connolly, of counsel and on the briefs).

Messrs. Slingland, Bernstein & vanHartogh, attorneys for respondents (Mr. George vanHartogh, of counsel and on the brief).

Before Judges LYNCH, ACKERMAN and LARNER.

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

Defendant State Farm Fire & Casualty Company (State Farm) appeals from a judgment of the Chancery Division which held that a homeowner's policy that State Farm issued to Russell Oakes provided coverage to Russell Oakes, Jr. for injuries caused by the latter in an assault and battery upon Edward Appleton, Jr. State Farm contends that Oakes' action came within Exclusion-Section II(c) of the policy, which...

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