INS. CO. OF NO. AMERICA v. GOV'T EMP. INS. CO.


162 N.J. Super. 528 (1978)

394 A.2d 91

INSURANCE COMPANY OF NORTH AMERICA, PLAINTIFF-APPELLANT, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, A CORPORATION, BARBARA IRIS NICKEL, AN INFANT BY HER GUARDIAN AD LITEM, ANN NICKEL AND ANN NICKEL, INDIVIDUALLY, JOSEPH DURAN, MARY DURAN, DAVID DURAN, ROBERT J. STENSON AND THE REFORMATION LUTHERAN CHURCH OF ABSECON, DEFENDANTS-RESPONDENTS, AND CHARLES FIEDLER, MIRIAM FIEDLER AND MARTIN FIEDLER, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 13, 1978.


Attorney(s) appearing for the Case

Mr. John P. Morris argued the cause for appellant (Messrs Horuvitz, Perlow, Ritter and Morris, attorneys).

Mr. Charles Gemmel argued the cause for respondents Barbara Iris Nickel, an infant by her guardian ad litem, Ann Nickel, and Ann Nickel (Messrs. Gibson, Previti & Todd, attorneys).

Mr. Michael R. Connor argued the cause for respondent Government Employees Insurance Company (Messrs. Lloyd, Megargee, Steedle & Connor, attorneys).1

A statement in lieu of brief was filed by Messrs. Hankins & D'Amato, attorneys for respondents Joseph Duran, Mary Duran and David Duran.

A statement in lieu of brief was filed by Mr. Emanuel L. Levin, attorney for respondents Charles Fiedler, Miriam Fiedler and Martin Fiedler.2

A statement in lieu of brief was filed by Messrs. Kiefer, Bollermann & Kaplowitz, attorneys for The Reformation Lutheran Church of Absecon.

Before Judges FRITZ, BOTTER and ARD.


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

Plaintiff Insurance Company of North America (INA) appeals from an adverse determination on cross-motions for summary judgment.3 The essential issue on this appeal is whether INA's insurance policy issued to The Reformation Lutheran Church of Absecon (the church)4 affording employer's nonownership liability...

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