LIB. MUT. INS. CO. v. AM. MUT. LIABILITY INS. CO.


24 N.J. Super. 545 (1953)

95 A.2d 28

LIBERTY MUTUAL INSURANCE CO., PLAINTIFF, v. AMERICAN MUTUAL LIABILITY INSURANCE CO., DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided February 9, 1953.


Attorney(s) appearing for the Case

Mr. John W. Taylor, attorney for plaintiff.

Mr. Charles C. Stalter, attorney for defendant.


DAVIDSON, A.J.S.C.

This matter is presented to the court upon a stipulation of facts conceding the allegations of paragraphs 1 through 13 of the complaint, counsel submitting briefs upon the sole legal question as to whether such facts constitute co-insurance and require defendant to pay one-half of the amount paid by plaintiff in settlement of a suit instituted against assureds of both plaintiff and defendant.

The admitted allegations of the complaint allege...

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