EBERT v. BALTER


74 N.J. Super. 466 (1962)

181 A.2d 532

BEATRICE EBERT AND CASIMIR EBERT, HER HUSBAND, PLAINTIFFS, v. LEON I. BALTER, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1962.


Attorney(s) appearing for the Case

Mr. John J. Gaffey argued the cause for third-party defendant-appellant (Messrs. Gaffey & Webb, attorneys).

Mr. Steven Wise argued the cause for third-party plaintiff-respondent (Mr. Leo Kaplowitz, attorney).

Before Judges GOLDMANN, FREUND and FOLEY.


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

Third-party defendant Allstate Insurance Company (Allstate) appeals from a declaratory judgment in favor of Leon I. Balter, defendant and third-party plaintiff, in which it was adjudged by the Union County Court that Allstate is required to defend Balter and to pay any judgment that may be rendered against him in favor of plaintiffs Ebert.

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