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OBST v. STATE FARM MUT. AUTO. INS.

123 N.J. Super. 60 (1973)

301 A.2d 469

MARY R. OBST, PLAINTIFF, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 1, 1973.

Attorney(s) appearing for the Case

Mr. Lawrence P. Urban for plaintiff Mary R. Obst (Messrs. Shusted and Urban, attorneys).

Mr. Edgar E. Moss, II for defendant State Farm Mutual Automobile Insurance Company (Messrs. Moss and Powell, attorneys).

Mr. Michael D. Capizola for defendant Raymond Marini (Shapiro, Brotman, Eisenstat and Capizola).

BISCHOFF, J.S.C.

This declaratory judgment action seeks the interpretation of an uninsured motorist endorsement to a certain policy of automobile liability insurance.

The facts are as follows.

On February 21, 1970 plaintiff Mary Obst was a passenger in a motor vehicle owned and operated by her husband Charles Obst. They were returning home in the early morning hours from a visit to friends. Mary Obst worked night work, was tired and had dozed off....

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