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VARIETY FARMS, INC. v. NEW JERSEY MFRS. INS. CO.

172 N.J. Super. 10 (1980)

410 A.2d 696

VARIETY FARMS, INC., A NEW JERSEY CORPORATION, AND JOHN N. BERTINO, PLAINTIFFS-RESPONDENTS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-APPELLANT AND RESPONDENT, AND INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT-APPELLANT AND RESPONDENT, AND ALAN J. SINDONI, A MINOR BY HIS FATHER AND GUARDIAN AD LITEM, ALBERT J. SINDONI, AND ALBERT J. SINDONI AND MARIE SINDONI, HAMMONTON BLUEBERRY EXCHANGE, A NEW JERSEY CORPORATION, PARKHURST FARM & GARDEN SUPPLY, A NEW JERSEY CORPORATION, AND AG-PAK, INC., DEFENDANTS, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1980.

Attorney(s) appearing for the Case

J. Peter Davidow argued the cause for appellant-respondent New Jersey Manufacturers Insurance Company (Davidow & Davidow, attorneys; J. Peter Davidow, on the brief).

Gary E. Greenblatt argued the cause for appellant-respondent Insurance Company of North America (Greenblatt & Greenblatt, attorneys; Jay H. Greenblatt, on the brief).

Samuel A. Curcio, argued the cause for plaintiffs-respondents.

William J. Cook argued the cause for defendants-respondents Alan J. Sindoni, a minor, etc., et al. (Brown, Connery, Kulp, Wille, Purnell & Greene, attorneys; William J. Cook on the brief).

Gerald J. Corcoran argued the cause for respondent Hammonton Blueberry Exchange (Lloyd, Megargee, Steedle & Connor, attorneys; Roger C. Steedle on the brief).

Michael J. Cernigliaro argued the cause for respondent Ag-Pak, Inc. (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Michael J. Cernigliaro on the brief).

No brief was filed on behalf of respondent Parkhurst Farm & Garden Supply.

Before Judges SEIDMAN, MICHELS and DEVINE.

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

These consolidated appeals by two liability insurance carriers involve questions of coverage for a common law, negligence, personal injury action instituted against the insured corporation, Variety Farms, Inc., and its president, John N. Bertino, on behalf of a 15-year-old youth, Alan J. Sindoni, who suffered a serious injury while in the employ of the corporation. Both carriers disclaimed coverage, whereupon...

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