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TOOKER v. HARTFORD ACC. AND INDEM. CO.

128 N.J. Super. 217 (1974)

319 A.2d 743

VINCENT TOOKER, JR., AND ALLSTATE INSURANCE COMPANY, PLAINTIFFS-APPELLANTS, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, DEFENDANT-RESPONDENT, AND JOSEPH PIORKOWSKI AND ELIZABETH ORLANDO, AN INFANT BY HER GUARDIAN AD LITEM, ALEX ORLANDO, AND ALEX ORLANDO, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Reargued April 22, 1974.

Decided May 7, 1974.

Attorney(s) appearing for the Case

Mr. William P. Gilroy, argued the cause for appellants (Messrs. Campbell, Mangini, Foley, Lee and Murphy, attorneys; Mr. Gilroy on the brief).

Mr. William G. Marriott, argued the cause for respondent (Messrs. Lane and Evans, attorneys; Mr. Marriott on the brief).

Before Judges COLLESTER, LYNCH and MICHELS.

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

Plaintiffs Vincent Tooker, Jr. and Allstate Insurance Company (Allstate) instituted this action to have Tooker declared an additional insured under a family automobile liability policy issued by defendant Hartford Accident and Indemnity Company (Hartford) to defendant Joseph Piorkowski.

The suit arises as a result of Hartford's refusal to defend or indemnify Tooker, who was involved in an automobile...

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