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WEST v. MACDONALD, ET AL.

103 N.J. Super. 201 (1967)

247 A.2d 20

ARTHUR A. WEST, JR., AND PATRICIA C. WEST, PLAINTIFFS, v. WILLIAM R. MACDONALD, INDIVIDUALLY AND t/a MACDONALD'S SUPPLY CO., DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. GLENS FALLS INSURANCE COMPANY AND STEVEN W. BARRETT, THIRD-PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1967.

Attorney(s) appearing for the Case

Mr. Charles M. Egan, Jr. argued the cause for third-party plaintiff-appellant (Messrs. Egan, O'Donnell, Hanley & Clifford, attorneys).

Mr. Mark D. Larner argued the cause for third-party defendant-respondent Glens Falls Insurance Company (Messrs. Budd, Larner, Kent & Gross, attorneys).

Mr. Marvin A. Sachs argued the cause for third-party defendant-respondent Steven W. Barrett (Messrs. Feuerstein & Sachs, attorneys).

Before Judges CONFORD, FOLEY and LEONARD.

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

The plaintiffs West sued MacDonald for negligence in the servicing of their swimming pool resulting in its substantial damage. MacDonald filed a third-party complaint (1) against Glens Falls Insurance Company ("Glens Falls," hereinafter) for indemnification of his liability to the Wests and for reimbursement of the costs of the defense against the Wests' action...

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