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LIBERTY MUTUAL INS. CO. v. AMERICAN, ETC. INS. CO.

28 N.J. Super. 17 (1953)

99 A.2d 815

LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1953.

Attorney(s) appearing for the Case

Mr. John W. Taylor argued the cause for plaintiff-appellant.

Mr. Charles C. Stalter argued the cause for defendant-respondent.

Before Judges FREUND, STANTON and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.C.C. (temporarily assigned).

The critical question here is whether by virtue of the omnibus clause in a policy of liability insurance issued to an insured, the respondent insurance company became a co-insurer of a certain risk with appellant.

The record discloses that Adrian Hendricks and William Hendricks, trading as Hendricks Brothers, owned a certain automotive crane. The American Mutual Liability Insurance...

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