MULLER FUEL OIL CO. v. INS. CO. OF N. AMER.


95 N.J. Super. 564 (1967)

232 A.2d 168

MULLER FUEL OIL COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DONALD BRENNER, AND JEROME L. BRENNER, PLAINTIFFS-APPELLANTS, v. INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION OF THE STATE OF PENNSYLVANIA AND AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, R.K. HUGHES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1967.


Attorney(s) appearing for the Case

Mr. Melvin Gittleman argued the cause for appellants (Messrs. Capone & Gittleman, attorneys).

Mr. James L. Melhuish argued the cause for respondent, Insurance Company of North America (Messrs. Schneider & Morgan, attorneys).

Mr. Allan Maitlin argued the cause for respondent R.K. Hughes, Inc. (Messrs. Feuerstein & Sachs, attorneys).

Before Judges GOLDMANN, KILKENNY and COLLESTER.


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

Plaintiffs appeal from a final judgment of the Law Division denying all of their claims for relief and dismissing their complaint.

In the first count of their complaint, plaintiffs sought a declaratory judgment that a comprehensive liability policy, with extended coverage as to malicious prosecution and false arrest claims, inter alia, issued by defendant insurance company on December 1, 1962...

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