NATIONAL SURETY CO. v. ALLSTATE INS. CO.


115 N.J. Super. 528 (1971)

280 A.2d 248

NATIONAL SURETY COMPANY, A CORPORATION, PLAINTIFF, v. ALLSTATE INSURANCE COMPANY, A CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 23, 1971.


Attorney(s) appearing for the Case

Mr. Leonard Rosenstein for plaintiff (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. John L. McDermott for defendant (Messrs. Gaffey, Webb & McDermott, attorneys).


ACKERMAN, J.S.C.

This action, tried by the court without a jury, involves the construction and interpretation of an exclusionary clause in a liability insurance policy which, surprisingly enough, has been the subject of very little direct consideration in the reported authorities in cases involving similar facts.

The proofs may be summarized as follows: T.I. McCormick Trucking Co., Inc. (McCormick) is engaged in the trucking business, carrying cargoes which...

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