CONCORD INSURANCE CO. v. MILES


118 N.J. Super. 551 (1972)

289 A.2d 267

CONCORD INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. CATHERINE MILES, INDIVIDUALLY, AND CATHERINE MILES, ADMINISTRATRIX OF THE ESTATE OF CHARLES MILES, DECEASED, BENJAMIN CENSULLO, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF DAVID M. CENSULLO, DECEASED, ROBERTA S. MOORE, ADMINISTRATRIX OF THE ESTATE OF REBECCA MOODY, DECEASED, ATLANTIC CADILLAC-PONTIAC CO., A NEW JERSEY CORPORATION, CHARLES M. SEWELL, JULIAN J. MELONI AND RAE CAROLE BEUTTEL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1972.


Attorney(s) appearing for the Case

Mr. Robert S. Greenberg, argued the cause for appellant (Messrs. Serata and Kleiner, attorneys).

Mr. Lewis B. April, argued the cause for respondent Benjamin Censullo (Messrs. Cooper, Greenberg, Katzman and Todd, attorneys).

Mr. Mark Vasser, argued the cause for respondent Julian J. Meloni.

Mr. John G. Himmelberger, Jr., argued the cause for respondent Atlantic Cadillac-Pontiac Co. (Messrs. DeBrier and Wallen, attorneys).

Before Judges GOLDMANN, HALPERN and LORA.


PER CURIAM.

This is a declaratory judgment action brought by appellant Concord Insurance Company against its own insured, Catherine Miles, individually and as administratrix of the estate of her son Charles Miles, and others, claiming that it was not obligated under its automobile liability policy to defend or to pay any judgments obtained against the estate of Charles Miles who was driving his mother's car when he was involved in a three-car accident which resulted...

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