WEEDO v. STONE-E-BRICK, INC.


81 N.J. 233 (1979)

405 A.2d 788

CALVIN C. WEEDO AND JANICE WEEDO, HIS WIFE, PLAINTIFFS, v. STONE-E-BRICK, INC. AND RALPH ROMANO, INDIVIDUALLY, DEFENDANTS AND THIRD PARTY PLAINTIFFS-RESPONDENTS, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, THIRD PARTY DEFENDANT-APPELLANT. GUS GELLAS AND THELMA A. GELLAS, HIS WIFE, PLAINTIFFS, v. ALFRED VIVINO, DEFENDANT, AND JAMES FREY AND RALPH ROMANO, THIRD PARTY DEFENDANTS AND FOURTH PARTY PLAINTIFFS-RESPONDENTS, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, FOURTH PARTY DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 18, 1979.


Attorney(s) appearing for the Case

Mr. Thomas P. McHugh argued the cause for appellants (Messrs. Gurry and Conlan, attorneys; Mr. McHugh, on the brief).

Mr. George W. Parsons, Jr., argued the cause for respondents (Messrs. Cole, Geaney & Yamner, attorneys; Mr. H. George Avery, on the brief).

Messrs. Morgan, Melhuish, Monaghan & Spielvogel, filed a brief on behalf of amicus curiae Insurance Company of North America (Mr. Henry G. Morgan, on the brief).

Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, filed a brief on behalf of amicus curiae The Travelers Insurance Company (Mr. Mark D. Larner, of counsel; Ms. Harriet F. Klein, on the brief).


The opinion of the court was delivered by CLIFFORD, J.

We granted certification, 75 N.J. 615 (1978), to review the Appellate Division's determination that the appellant insurance carrier was obliged to defend two claims brought against its assureds. Weedo v. Stone-E-Brick, Inc., 155 N.J.Super. 474 (1977). Resolution of both cases, argued here together, calls for construction of the same...

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