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STATE FARM v. ZURICH AM. INS. CO.

62 N.J. 155 (1973)

299 A.2d 704

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. ZURICH AMERICAN INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND DESKIN T. KNOLL AND DOROTHY N. KNOLL, DEFENDANTS-APPELLANTS, AND STEVEN JOHNS AND JOSEPH W. JOHNS, DEFENDANTS-APPELLANTS, AND A. RODMAN KAY, A MINOR, BY HIS FATHER AND GUARDIAN AD LITEM, ALBERT KAY, AND ALBERT KAY, INDIVIDUALLY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided January 22, 1973.

Attorney(s) appearing for the Case

Mr. Joseph H. Kenney argued the cause for defendants-appellants Steven Johns and Joseph W. Johns (Messrs. Archer, Greiner & Read, attorneys).

Mr. Raymond W. Uliase argued the cause for defendants-appellants Knoll (Messrs. Uliase & Uliase, attorneys).

Mr. Edgar E. Moss II argued the cause for plaintiff-respondent State Farm Mutual Automobile Insurance Company (Messrs. Moss & Powell, attorneys).

Mr. G. Wesley Manuel, Jr. argued the cause for defendants-respondent Zurich American Insurance Company (Messrs. Kisselman, Deighan, Montano & Summers, attorneys).

Mr. James J. Casby, Jr. made an appearance and was heard on behalf of the Unsatisfied Claim and Judgment Fund Board and filed a Statement in Lieu of Brief (Messrs. Casby & Garrigle, attorneys).

The opinion of the Court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

This appeal originated in an action for declaratory judgment tried in the Law Division without a jury. Implicated in the issues framed by the complaint and the cross-claim of the defendant insurance carrier are the coverage clauses of two automobile liability policies in relation to an accident occurring March 16, 1969 wherein an automobile...

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