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FENWICK MACHINERY, INC. v. A. TOMAE & SONS, INC.

79 N.J. 590 (1979)

401 A.2d 1087

FENWICK MACHINERY, INC., PLAINTIFF, v. A. TOMAE & SONS, INC., ETC., DEFENDANT THIRD PARTY PLAINTIFF, v. THE AMERICAN INSURANCE COMPANY, THIRD PARTY DEFENDANT-APPELLANT, AND BROUNELL, KRAMER, WALDOR, INSURANCE BROKERS, THIRD-PARTY DEFENDANT-RESPONDENT, AND PINKERTON'S INC. AND TENDUN CONSTRUCTORS, THIRD PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 16, 1979.

Attorney(s) appearing for the Case

Mr. Richard D. Catenacci argued the cause for third party defendant-appellant (Messrs. Connell, Foley & Geiser, attorneys; Mr. Catenacci, of counsel and on the brief).

Mr. Leonard Rosenstein argued the cause for third party defendant-respondent (Messrs. Feuerstein, Sachs & Maitlin, attorneys; Mr. Rosenstein, on the brief).

PER CURIAM.

We reverse essentially for the reasons expressed in the dissenting opinion of Judge Michels below. He concluded, as do we, that "the policy of insurance issued by third-party defendant The American Insurance Company (American) to defendant and third-party plaintiff A. Tomae & Sons, Inc. (Tomae) did not provide coverage for the unscheduled contractors' equipment owned by the plaintiff Fenwick Machinery, Inc. (Fenwick) but leased to Tomae."

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