ALLSTATE INS. CO. v. ROYAL GLOBE INS. CO.


195 N.J. Super. 598 (1984)

481 A.2d 298

ALLSTATE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. ROYAL GLOBE INSURANCE CO., DEFENDANT-APPELLANT, AND KAREN MALMENDIER, LIBERTY MUTUAL INSURANCE COMPANY, JOSEPH GERBINO, PASSAIC-CLIFTON DRIV-UR-SELF SYSTEM, INC., PETER MARKER AND SPRUCE SCAFFOLD & LADDER CO., INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 1984.


Attorney(s) appearing for the Case

Stephen B. Fenster argued the cause for appellant (Fenster, Fenster and Farrell, attorneys; Stephen B. Fenster, on the brief).

Philip L. Geibel argued the cause for respondents, Passaic-Clifton Driv-Ur-Self System, Inc., Marker, and Spruce Scaffold & Ladder Co., Inc. (Geibel & Geibel, attorneys; Philip L. Geibel, on the brief).

William A. Carpenter, Jr. argued the cause for plaintiff (Carpenter, Bennett & Morrissey, attorneys; John E. Keale, of counsel; William A. Carpenter, on the brief).

John F. O'Donnell argued the cause for respondent Liberty Mutual Ins. Co. (Joan B. Sherman, attorney; John F. O'Donnell, on the brief).

Before Judges BOTTER, PRESSLER and O'BRIEN.


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

Defendant Royal Indemnity Company (Royal),1 appeals from a judgment entered in this declaratory judgment action which provided that the Royal policy affords primary coverage for Joseph Gerbino up to $100,000 for injuries claimed by Karen Malmendier, a passenger in a car driven by Gerbino which was rented by Peter Marker and Spruce Scaffold & Ladder Co., Inc. (Spruce) from Passaic...

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