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PENN NATIONAL INS. CO. v. COSTA

No. A-5162-06T3.

946 A.2d 592 (2008)

400 N.J. Super. 147

PENN NATIONAL INSURANCE COMPANY, Plaintiff, v. Frank COSTA, Jeanne Costa, CWL Contracting/Franco Leasing, Defendants, and Farmers Insurance Company of Flemington, Defendant/Third-Party Plaintiff-Appellant, v. Ernest D. Arians, Third-Party Defendant, and Gulf Insurance Company, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 2008.

Attorney(s) appearing for the Case

Anthony P. Pasquarelli argued the cause for appellant (Sweet Pasquarelli, attorneys; Mr. Pasquarelli, on the brief).

John H. Maucher, Cherry Hill, argued the cause for respondent (Mintzer Sarowitz Zeris Ledva & Meyers, attorneys; Mr. Maucher, on the brief).

Before Judges LINTNER, GRAVES and SABATINO.

The opinion of the court was delivered by

LINTNER, P.J.A.D.

The issue here requires us to determine whether coverage should be afforded under an automobile liability insurance policy or under a homeowner's insurance policy. The motion judge, relying on Wakefern Food Corp. v. Gen. Accident Group, 188 N.J.Super. 77, 455 A.2d 1160 (App.Div.1983), found that, because the accident...

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