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McDONALD v. HOME INS. CO.

97 N.J. Super. 501 (1967)

235 A.2d 480

ROBERT E. McDONALD AND SARAH S. McDONALD, PLAINTIFFS-APPELLANTS, v. THE HOME INSURANCE COMPANY, A NEW YORK CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1967.

Attorney(s) appearing for the Case

Mr. Sheldon B. Brand argued the cause for appellants (Messrs. Wharton, Stewart & Davis, attorneys; Mr. Richard H. Thiele, Jr., on the brief).

Mr. Richard J. Badolato argued the cause for respondent (Messrs. Schneider & Morgan, attorneys).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

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

The McDonalds sued the Home Insurance Company (Home) upon a "Homeowner's Policy" alleging that thereunder Home was obliged to defend them against an action by Walter Edward Dorman, Sr., individually and as general administrator and administrator ad prosequendum of the estate of Walter Edward Dorman, Jr., deceased (Dorman) for damages for the death of his son. Home's motion for summary judgment was...

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