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BUTLER v. BUENAGA

107 N.J. Super. 80 (1969)

257 A.2d 2

MARGARET BUTLER AND WILLIAM BUTLER, PLAINTIFFS-RESPONDENTS, v. MARY BUENAGA AND BONNER & BARNEWELL, INC., A CORPORATION, DEFENDANTS. MARY BUENAGA, THIRD PARTY PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. PEERLESS INSURANCE COMPANY, THIRD PARTY DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND OHIO CASUALTY INSURANCE GROUP AND WEST AMERICAN INSURANCE CO., THIRD PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1969.

Attorney(s) appearing for the Case

Mr. John G. Rathman argued the cause for third party defendant-appellant and cross-respondent Peerless Insurance Company (Messrs. Jung, Selikoff, Rathman & Dwyer, attorneys; Mr. Marshall Selikoff, of counsel and on the brief).

Mr. Hugh J. O'Gorman argued the cause for third party plaintiff-respondent and cross-appellant Mary Buenaga (Messrs. Cunneen & O'Gorman, attorneys).

Mr. Robert E. Monaghan argued the cause for third party defendants-respondents Ohio Casualty Insurance Group and West American Insurance Co. (Messrs. Schneider & Morgan, attorneys).

Mr. Arthur J. Messineo, Jr. argued the cause for plaintiffs-respondents Margaret Butler and William Butler (Messrs. Messineo & Messineo, attorneys; Mr. Dennis P. La Hiff, on the brief).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

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

This case concerns coverage under automobile liability insurance policies. Third-party defendant Peerless Insurance Company (Peerless) appeals from an order for summary judgment in favor of Mary Buenaga on her third-party complaint and from an order dismissing a similar third-party complaint and cross-claims against third-party defendants Ohio Casualty Insurance Group and West American Insurance Co. (Ohio Casualty...

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