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HOURLY MESSENGERS, INC. v. INS. CO. OF NO. AM.

163 N.J. Super. 276 (1978)

394 A.2d 880

HOURLY MESSENGERS, INC., PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT AND CROSS-RESPONDENT, AND CHARLES A. RUSS COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Mr. G. Paul Crawshaw argued the cause for appellant Charles A. Russ Company (Messrs. Martin, Crawshaw & Mayfield, attorneys; Mr. Crawshaw on the brief).

Mr. Edward Suski, Jr., argued the cause for respondent and cross-appellant Hourly Messengers, Inc. (Messrs. Wilinski, Suski, Scott & Cahill, attorneys; Mr. Suski on the brief).

Mr. Robert J. Partlow argued the cause for cross-respondent Insurance Company of North America (Messrs. Parker, McCay and Criscuolo, attorneys; Mr. Partlow on the brief).

Before Judges ALLCORN, SEIDMAN and BOTTER.

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

These appeals arise out of a lawsuit instituted by Hourly Messengers, Inc., against Insurance Company of North America to recover under a motor cargo liability insurance policy issued to it by the latter for a loss suffered when one of its trucks was stolen while parked in Philadelphia on May 7, 1968. The insurer's answer denied coverage on the ground that an endorsement to the policy excluded losses resulting...

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