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F.S. v. L.D.

827 A.2d 335 (2003)

362 N.J. Super. 161

F.S., Plaintiff-Respondent, v. L.D., K.D., E.D., L.D., Jr., and Mrs. J.D., Defendants/Third-Party Plaintiffs/Respondents, v. Allstate New Jersey Insurance Company, Third-Party Defendant/Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 2003.

Attorney(s) appearing for the Case

Peter F. Bariso, Jr., argued the cause for appellant Allstate New Jersey Insurance Company (Chasan, Leyner, Bariso & Lamparello, attorneys; Mr. Bariso, of counsel and on the brief; Cindy Nan Vogelman, Secaucus and Catherine G. Gingeleskie, on the brief).

Robert E. Taylor, Jr. argued the cause for respondent F.S. (Rothenberg & Pashaian, attorneys; Dean S. Pashaian, of counsel, Union; Mr. Taylor, on the brief).

Richard M. Sasso, Warren, argued the cause for defendants/third-party plaintiffs/respondents L.D., K.D., E.D., L.D., Jr., and Mrs. J. D. (Mr. Sasso and Ruderman & Glickman attorneys, Springfield, Mr. Sasso, of counsel; Allan C. Roth, on the brief).

Before Judges KING, LISA and FUENTES.

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

In this appeal, we are asked to decide two separate questions: (1) whether an insurer is required, under a homeowner's insurance policy, to indemnify and defend an insured named as a defendant in a civil action brought by his former fiance, alleging negligent infliction of emotional distress based on his failure to inform her that he was infected with the Human Immunodeficiency Virus (HIV) during the time they...

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