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LYONS v. HARTFORD INS. GROUP

125 N.J. Super. 239 (1973)

310 A.2d 485

JEREMIAH LYONS, PLAINTIFF-APPELLANT, v. HARTFORD INSURANCE GROUP, DEFENDANT-RESPONDENT AND KATHLEEN BERGER, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF RICHARD BERGER, DECEASED, INDIVIDUALLY, AND AS GUARDIAN AD LITEM FOR BARBARA ANN BERGER, AN INFANT, JOHN BERGER, AN INFANT, KATHLEEN BERGER, AN INFANT, AND MARGARET BERGER, AN INFANT, DEFENDANT-APPELLANT AND THE CITY OF JERSEY CITY, THE FRIENDLY SONS OF THE SHILLELAGH AND THE TOWNSHIP OF MADISON, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1973.

Attorney(s) appearing for the Case

Mr. Theodore A. Gartner argued the cause for plaintiff-appellant (Mr. Timothy K. Madden, Director, Hudson County Legal Services, attorney).

Mr. Eugene M. Purcell argued the cause for defendant-respondent.

Mr. Richard E. Brennan argued the cause for defendant-appellant (Messrs. Shanley & Fisher, attorneys).

Before Judges CONFORD, HANDLER and MEANOR.

The opinion of the court was delivered by MEANOR, J.A.D.

Plaintiff here is defendant in a pending wrongful death action and is an insured under a homeowner's policy issued by defendant Hartford which declined to defend the death action on his behalf under its personal liability coverage. Plaintiff seeks by this declaratory judgment action judicial compulsion upon Hartford to defend and pay if necessary, and appeals from an adverse determination.

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