BUSCH v. HOME INS. CO.


97 N.J. Super. 54 (1967)

234 A.2d 250

MARY L. BUSCH, PLAINTIFF-APPELLANT, v. THE HOME INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1967.


Attorney(s) appearing for the Case

Mr. Vincent J. McMann, Jr. argued the cause for plaintiff-appellant (Messrs. O'Gorman & McMann, attorneys).

Mr. Robert J.C. McCoid argued the cause for defendant-respondent (Messrs. Schneider & Morgan, attorneys).

Before Judges GAULKIN, LEWIS and KOLOVSKY.


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

Defendant Home Insurance Company (Home) issued an automobile liability policy to plaintiff which contained "Medical Expense" coverage. She was injured when her automobile collided with another. She settled her claim against the driver of the other car for $14,000 and gave him a general release, and then she demanded $3,250 from Home for her medical expenses. Home refused to pay it on the ground that she had...

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