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CUMBERLAND MUT. FIRE INS. v. MURPHY

873 A.2d 534 (2005)

183 N.J. 344

CUMBERLAND MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. Timothy MURPHY, III, Timothy Murphy, Jr. Sandra Murphy, Gina M. Santiago and Ferdinand Santiago, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 23, 2005.

Attorney(s) appearing for the Case

Frank G. Basile, Vineland, argued the cause for appellant (Basile & Testa, attorneys; Mr. Basile and Renee E. Scrocca, on the brief).

J. Davy Yockey, Bordentown, argued the cause for respondents Gina M. Santiago and Ferdinand Santiago (Flager & Yockey, attorneys; Michael S. Levin, on the letter in lieu of brief).

J. Michael Farrell, Philadelphia, PA, argued the cause for respondents Timothy Murphy, III, Timothy Murphy, Jr., and Sandra Murphy (Wilentz, Goldman & Spitzer, attorneys).

PER CURIAM.

The members of the Court being equally divided, the judgment of the Appellate Division is affirmed.

Justice LONG, concurring.

This case involves the actions of a fourteen-year-old boy who foolishly shot some BBs to "ding" passing vehicles. As a result, the driver of one of the vehicles sustained an injury. The boy's parents sought coverage under their homeowner's policy. Although all parties agree that there is no direct evidence that the...

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