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ALLSTATE INS. CO. v. FIDELITY & CAS. CO. OF N.Y.

73 N.J. Super. 407 (1962)

180 A.2d 168

ALLSTATE INSURANCE COMPANY, A CORPORATION OF THE STATE OF ILLINOIS, ETC., PLAINTIFF-APPELLANT, v. THE FIDELITY & CASUALTY COMPANY OF NEW YORK, A CORPORATION OF THE STATE OF NEW YORK, ETC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1962.

Attorney(s) appearing for the Case

Mr. John J. Gaffey argued the cause for appellant (Messrs. Gaffey & Webb, attorneys; Mr. Aaron Dines, of counsel).

Mr. John F. Ryan argued the cause for respondent (Messrs. Ryan, Saros, Davis & Stone, attorneys; Mr. Bernard L. Davis, on the brief).

Before Judges GOLDMANN, FREUND and FOLEY.

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

This is an appeal by plaintiff (Allstate) from a declaratory judgment entered in the Law Division in favor of the defendant (Fidelity). The case was tried without a jury.

On December 18, 1958 an automobile owned by Peter Petruzela and "driven" by a 15-year-old boy, Ronald P. Marsch, mounted a curb and struck a pedestrian, Martin P. Ryan, severely injuring him.

Fidelity insured the Petruzela car...

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