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LONDON, ETC., INS. CO. v. GOV'T EMPLOYEES INS.

66 N.J. Super. 269 (1961)

168 A.2d 855

LONDON AND LANCASHIRE INSURANCE COMPANY, LTD., A CORPORATION, AND MALLON SUBURBAN MOTORS, INC., A CORPORATION, PLAINTIFFS, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, A CORPORATION, CHARLES SAYOUR, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF GEORGE M. SAYOUR, DECEASED, WERNER BLOCH, AND GENERAL MOTORS CORPORATION, A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 16, 1961.

Attorney(s) appearing for the Case

Mr. Bernard T. Hein for plaintiff London and Lancashire Insurance Company, Ltd. (Messrs. Hein, Smith & Mooney, attorneys).

Mr. William P. Kirkpatrick for defendant Government Employees Insurance Company (Messrs. Mead, Gleeson, Hansen & Pantages, attorneys).

Mr. Saul Cohen for defendant Werner Bloch (Messrs. Werksman, Saffron and Cohen, attorneys).

Mr. William M. Feinberg for defendant Charles Sayour (Messrs. Feinberg, Dee & Feinberg, attorneys).

MINTZ, J.S.C.

This is a declaratory judgment proceeding. The respective insurance companies cross-motion for judgment on the pleadings. R.R. 4:12-3. The essential facts are undisputed.

On February 13, 1960 Dr. Werner Bloch, a prospective purchaser of an automobile from Mallon Suburban Motors, Inc., was operating a Mallon-owned vehicle on his private driveway adjoining his residence. The Mallon salesman...

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