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  5. 32 N.J. 17 (1960)
 

ST. PAUL FIRE, ETC., CO. v. INDEMNITY INS. CO. OF NO. AM.

32 N.J. 17 (1960)

158 A.2d 825

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, A PENNSYLVANIA CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 21, 1960.

Attorney(s) appearing for the Case

Mr. Philip M. Lustbader argued the cause for defendant-appellant (Messrs. Schneider, Lustbader & Morgan, attorneys; Mr. M. Marvin Soperstein, on the brief).

Mr. Maurice Jordan Price argued the cause for plaintiff-respondent.

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

This is a contract action in which defendant appeals from a Superior Court, Law Division judgment which requires it to pay one-half the expenses incurred by plaintiff in defending certain claims against an insured whom both covered by separate policies. The cause was tried by a judge without a jury. While the appeal was pending in the Appellate Division, we certified it on our own motion.

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