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PRU. PROP. CAS. INS. CO. v. NEW HAMP. INS. CO.

164 N.J. Super. 184 (1978)

395 A.2d 923

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, AS SUBROGEES OF LEOLA NIXON AND WARREN NIXON, PLAINTIFF, v. NEW HAMPSHIRE INSURANCE COMPANY AND FIREMAN'S FUND INSURANCE COMPANIES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Ms. Janet P. Moore for plaintiff (Messrs. Enright, Porter & Leslie, attorneys).

Mr. Henry A. Larner for defendant New Hampshire Insurance Company (Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Mr. C. Kennon Hendrix for defendant Fireman's Fund (Mr. Roy D. Cummins, attorney).

GIBSON, J.C.C. (temporarily assigned).

This declaratory judgment action requires a determination of the respective obligations of the above-named insurance companies concerning losses incurred as a result of an automobile accident for which each has potential responsibility. The factual setting, although relatively simple, is complicated by reason of the conflicting policy language, the impact of which calls into question not only "secondary" but also "tertiary" coverage...

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