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WICKNER v. AMERICAN RELIANCE INS. CO.

273 N.J. Super. 560 (1994)

642 A.2d 1046

HARVEY WICKNER AND BONITA WICKNER. PLAINTIFFS-RESPONDENTS, v. AMERICAN RELIANCE INSURANCE COMPANY, DEFENDANT-APPELLANT. AND FITCHBURG MUTUAL INSURANCE COMPANIES AND JEFFREY C. SYMEONIDES, DEFENDANTS-RESPONDENTS, AND CRUM & FORSTER INSURANCE COMPANIES, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Nicholas Kierniesky argued the cause for appellant (J.H. Greenblatt, attorney; Mr. Greenblatt and Mr. Kierniesky, on the brief).

Thomas J. Giblin argued the cause for respondents Harvey Wickner and Bonita Wickner (Giblin & Lynch, attorneys; Mr. Giblin and James J. Marchwinski, on the brief).

Methfessel & Werbel, attorneys for respondent Fitchburg Mutual Ins. Co. (Joseph W. Pender, on the brief).

No brief timely filed by respondent Jeffrey C. Symeonides.

Before Judges PRESSLER, DREIER and KLEINER.

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

Defendant American Reliance Insurance Company appeals from a summary judgment entered in favor of plaintiffs, Harvey and Bonita Wickner, for defense costs incurred in a separate personal injury action. The trial judge certified this judgment as final, notwithstanding the pendency of other claims. R. 4:42-2. Plaintiffs brought this declaratory judgment action against defendants Crum & Forster Insurance...

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