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MERCHANTS IND. CORP., OF N.Y. v. EGGLESTON

37 N.J. 114 (1962)

179 A.2d 505

MERCHANTS INDEMNITY CORP, OF NEW YORK, ETC., PLAINTIFF-APPELLANT, v. EDWARD L. EGGLESTON, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 19, 1962.

Attorney(s) appearing for the Case

Mr. Raymond L. Cunneen argued the cause for plaintiff-appellant (Mr. Hugh J. O'Gorman, on the brief).

Mr. Warren Brody argued the cause for defendants-respondents (Messrs. Winetsky & Brody, attorneys for defendants-respondents Eggleston and Tussel; Mr. Jack J. Camillo, attorney for defendant-respondent Krebs).

The opinion of the court was delivered by WEINTRAUB, C.J.

Merchants Indemnity Corporation of New York (herein "Merchants") seeks a judgment declaring it is not obligated under its policy of automobile liability insurance to defend and to pay any judgment which may be obtained in a pending action against its insureds for injuries and death. The trial court found Merchants is so obligated, and the Appellate Division affirmed, 68 N.J.Super. 235

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