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MERCHANTS INDEM. CORP. v. EGGLESTON

68 N.J. Super. 235 (1961)

172 A.2d 206

MERCHANTS INDEMNITY CORP., OF NEW YORK, ETC., PLAINTIFF-APPELLANT, v. EDWARD L. EGGLESTON, JEAN A. EGGLESTON, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Mr. Raymond L. Cunneen argued the cause for plaintiff-appellant (Mr. Hugh J. O'Gorman on the brief).

Mr. Warren Brody argued the cause for defendants-respondents (Messrs. Winetsky and Brody, attorneys for Edward L. Eggleston, Jean A. Eggleston and Jacob F. Tussel, Jr.; Mr. Jack J. Camillo, attorney for Christine Krebs, administratrix ad prosequendum and general administratrix of the estate of Herbert Arthur Krebs, deceased; Mr. Brody on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

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

This declaratory judgment proceeding was commenced by the plaintiff insurer, Merchants Indemnity Corp. (hereinafter "Merchants"), seeking a determination that it was not obligated to undertake the defense of a separate action against defendants Jean Eggleston and Jacob F. Tussel, Jr. and that it was entitled to rescind an automobile liability policy issued to defendants Jean and Edward L. Eggleston on the ground...

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