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OHIO CAS. INS. CO. v. FLANAGIN

44 N.J. 504 (1965)

210 A.2d 221

THE OHIO CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. PAUL W. FLANAGIN, ET AL., DEFENDANTS-RESPONDENTS, AND MODERN CLOTHING CO., INC., DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided May 18, 1965.

Attorney(s) appearing for the Case

Mr. H. Hurlburt Tomlin argued the cause for plaintiff-appellant and cross-respondent, Ohio Casualty Insurance Company.

Mr. James L. Cooper argued the cause for defendants-respondents, R.W. Wescoat, Inc., John A. Fletcher, Russell DeFrank, Anna Renzi, Ida R. Lucca, Ellen Malandra, Elvira Brown, Lena Rasputney, Theresa Benedetto, Elizabeth Smallwood, Bessie Schleyer, Giovanna Azzara, Marion Capella (Messrs. Arkus & Cooper, attorneys; Messrs. Vincent A. De Marco, Phillip A. Gruccio, Lloyd, Horn, Megargee & Steedle, Mark A. DeMarco, Adamo & Pagluighi, of counsel).

Mr. Samuel A. Curcio argued the cause for defendant-respondent and cross-appellant, Modern Clothing Co., Inc. (Messrs. Curcio & Donio, attorneys).

The opinion of the Court was delivered by HANEMAN, J.

The Ohio Casualty Insurance Company (Ohio) issued a "Manufacturers and Contractors Schedule Liability Policy" to Paul W. Flanagin (Flanagin), a building contractor. Multiple personal injury and property damage suits were instituted against the insured and others after the collapse of a building to which he was constructing an addition. Ohio thereupon filed a complaint seeking...

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