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CUETO v. ALLSTATE INS. CO.

226 N.J. Super. 487 (1987)

544 A.2d 906

ARSENIO CUETO, REINALDO CUETO, AND MARIA CUETO, HIS WIFE, PLAINTIFFS, v. ALLSTATE INSURANCE CO., JORGE VEGA AND NEW JERSEY DIVISION OF MOTOR VEHICLES, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided October 20, 1987.

Attorney(s) appearing for the Case

Mark Gertner for plaintiffs (Robert Joel Marmorstein, attorney).

James J. Maloney, Jr., for defendant Allstate (Nelson H. Murphy, attorney).

RODRIGUEZ, J.S.C.

This written opinion supplements the court's oral decision. The issue presented by the motion and cross motion for summary judgment in this case is, whether an innocent purchaser of a stolen motor vehicle can recover, under the comprehensive coverage of his insurance policy, for loss of his vehicle, when it is returned by the police to the rightful owner. The issue appears to be one of first impression...

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