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LIBERTY MUTUAL INS. CO. v. O'ROURKE

122 N.J. Super. 68 (1973)

298 A.2d 725

LIBERTY MUTUAL INSURANCE COMPANY, A COMPANY, PLAINTIFF, v. KIERAN O'ROURKE, LOUIS GUNDLACH, FREDERICK BIFULCO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF FREDERICK VINCENT BIFULCO, FREDERICK VINCENT BIFULCO, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A CORPORATION, STATE FARM FIRE AND CASUALTY COMPANY, A CORPORATION, ALL STATE INSURANCE COMPANY, A CORPORATION, AND FORD MOTOR COMPANY, A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 8, 1973.

Attorney(s) appearing for the Case

Mr. Frank R. Cinquina for Plaintiff (Messrs. Schwartz and Andolino, attorneys).

Mr. George H. Harbaugh, attorney for defendants O'Rourke and Gundlach.

Mr. Stephen Leary for defendant State Farm Insurance Company (Messrs. O'Donnell, Leary & D'Ambrosio, attorneys).

Mr. Joseph M. Speidel for defendant Bifulco (Mr. Robert Fogelson, attorney).

Messrs. Friedman & D'Alessandro, attorneys for defendant Allstate Insurance Company.

Messrs. Morgan, Melhuish, Monaghan, Mc Coid & Spielvogel, attorneys for defendant Ford Motor Company.

STAMLER, J.S.C.

This matter is before the court on cross-motions for summary judgment requiring interpretation of an insurance policy in a declaratory judgment action. There is currently pending and awaiting this decision an action in the Law Division by an injured third party. On the return day of plaintiff's summary judgment motion, all defendants made cross-motions. This court, having been informed that the Law Division action was to be in the daily call on January...

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