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RIDER v. LYNCH

42 N.J. 465 (1964)

201 A.2d 561

THOMAS A. RIDER, AS ADMINISTRATOR AD PROSEQUENDUM OF SAYOKO RIDER, THOMAS RIDER, HELEN RIDER, BY THEIR GUARDIAN AD LITEM, THOMAS A. RIDER, AND THOMAS A. RIDER, INDIVIDUALLY, PLAINTIFFS, v. VERNON LYNCH AND GERALD DAY, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS, v. GENERAL INSURANCE COMPANY OF AMERICA, AND MARVIN H. GUENTHER, JR. D/B/A GUENTHER AGENCY, THIRD-PARTY DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Mr. Martin L. Haines argued the cause for defendants and third-party plaintiffs-appellants (Messrs. Dimon, Haines & Bunting, attorneys).

Mr. Michael Patrick King argued the cause for third-party defendant-respondent General Insurance Company (Mr. Carl Kisselman, of counsel; Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Mr. Robert W. Criscuolo argued the cause for third-party defendant-respondent Marvin H. Guenther (Messrs. Parker, McCay & Criscuolo, attorneys).

The opinion of the court was delivered by FRANCIS, J.

Vernon Lynch was involved in a collision while operating an automobile owned by Gerald Day. The driver and two passengers in the other car were injured and one passenger was killed. Damage suits were brought against Lynch who, believing that he was entitled to coverage under a policy of liability insurance issued by the General Insurance Company, called upon the company to defend the action and to pay any judgment...

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