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INDEMNITY INS. CO. OF N.A. v. METROPOLITAN CAS. INS. CO.

59 N.J. Super. 547 (1960)

158 A.2d 425

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION, ET ALS., PLAINTIFFS-RESPONDENTS, v. METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, A CORPORATION, ET ALS., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1960.

Attorney(s) appearing for the Case

Mr. Frank P. Zimmer argued the cause for defendant-appellant Metropolitan Casualty Insurance Company of New York (Messrs. Zimmer and Selikoff, attorneys).

Mr. Philip M. Lustbader argued the cause for plaintiffs-respondents (Messrs. Schneider, Lustbader and Morgan and Mr. M. Marvin Soperstein, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

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

This is an appeal from a declaratory judgment of the Chancery Division adjudicating that one Acerra was an "insured" under the omnibus clause of an automobile liability policy issued by the defendant insurance company ("Metropolitan," hereinafter) to Jennie Calandriello on her Cadillac automobile, so as to cause that company, rather than the plaintiff ("Indemnity," hereinafter) to be the responsible carrier...

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