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MATITS v. NATIONWIDE MUTUAL INS. CO.

59 N.J. Super. 373 (1960)

157 A.2d 853

JOHN MATITS, PLAINTIFF-RESPONDENT, v. NATIONWIDE MUTUAL INSURANCE CO., ETC., DEFENDANT-APPELLANT. ELIZABETH SLODZINSKI AND ANTHONY SLODZINSKI, PLAINTIFFS-RESPONDENTS, v. NATIONWIDE MUTUAL INSURANCE CO., ETC., DEFENDANT-APPELLANT, AND ALLSTATE INSURANCE COMPANY, ETC., DEFENDANT. ALLSTATE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. NATIONWIDE MUTUAL INSURANCE CO., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1960.

Attorney(s) appearing for the Case

Mr. Henry H. Rubenson argued the cause for defendant-appellant (Messrs. Oppenheim & Oppenheim, attorneys).

Mr. Leon A. Consales argued the cause for plaintiffs-respondents (Messrs. Gelman & Gelman, attorneys for John Matits; Mr. Leon A. Consales, attorney for Elizabeth and Anthony Slodzinski).

Mr. Kent A. Losche argued the cause for Allstate Insurance Company (Mr. Charles C. Shenier, attorney).

Before Judges GAULKIN, SULLIVAN and FOLEY.

The opinion of the court was delivered by FOLEY, J.A.D.

Defendant Nationwide Mutual Insurance Co. (hereinafter referred to as Nationwide) appeals from judgments entered against it in favor of all plaintiffs. The case was tried in the Law Division without a jury.

On October 26, 1956 one Betty Mae Hoerner was the driver of an automobile which was in collision with an automobile owned by Elizabeth Slodzinski and operated by Anthony Slodzinski in which John Matits...

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