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AETNA INS. CO. v. WEISS

174 N.J. Super. 292 (1980)

416 A.2d 426

AETNA INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ALVIN WEISS, ADMINISTRATOR OF THE ESTATE OF DONNA WEISS, ALVIN WEISS, INDIVIDUALLY AND ST. PAUL INSURANCE COMPANY AND BARRY GOTTLIEB, AS GUARDIAN AD LITEM OF JAMIE GOTTLIEB, AN INFANT, BARRY GOTTLIEB, INDIVIDUALLY, CAROL RUTH GOTTLIEB, STEVEN CRINCOLI, AN INFANT, ANTHONY J. CRINCOLI, ANN CRINCOLI, ALLSTATE INSURANCE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, ARROWHEAD ROOFING AND SIDING, CARMEN LONGO, THEOMAN KOC AND MOTOBECANE AMERICA, LIMITED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1980.

Attorney(s) appearing for the Case

Philip F. Mattia argued the cause for appellant (DeYoe and Guiney, attorneys).

Thomas R. Chesson argued the cause for respondent Alvin Weiss, administrator of the estate of Donna Weiss and Alvin Weiss, Individually (Porzio & Bromberg, attorneys; Thomas H.E. Hallett on the brief).

Leonard Rosenstein argued the cause for respondent St. Paul Insurance Co. (Feuerstein, Sachs & Maitlin, attorneys).

Lawrence D. Smith argued the cause for respondent Employers Insurance of Wausau (Hein, Smith & Berezin, attorneys).

Before Judges LORA, ANTELL and PRESSLER.

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

Plaintiff Aetna Insurance Co. (Aetna) appeals from the trial court's decision in this declaratory judgment action that Aetna must afford defendant Alvin Weiss a defense and coverage under a homeowner's insurance policy issued by Aetna to defendant against liability on the part of defendant's deceased daughter (also an insured) for personal injury to a passenger caused by deceased's operation of a moped which...

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