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TRAVELERS INDEMNITY COMPANY v. MONGIOVI

135 N.J. Super. 452 (1975)

343 A.2d 750

TRAVELERS INDEMNITY COMPANY, PLAINTIFF-APPELLANT, v. SUSAN MONGIOVI AND LOSS ADJUSTMENT CORP., INC., LEATHERBY INSURANCE CO. AND RUPERTA CASTRO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1975.

Attorney(s) appearing for the Case

Mr. Daniel J. Keenan argued the cause for appellant.

Mr. Benjamin L. Bendit argued the cause for respondent Susan Mongiovi (Messrs. Bendit, Weinstock & Sharbaugh, attorneys).

Mr. Leonard M. Goodman argued the cause for Respondents Loss Adjustment Corp., Inc. and Leatherby Insurance Co. (Messrs. Goodman & Lustgarten, attorneys).

Before Judges MATTHEWS, FRITZ and BOTTER.

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

This is an appeal from the refusal of the trial judge to stay arbitration demanded by Susan Mongiovi of her insurer, Travelers Indemnity Company (Travelers), under an uninsured motorists endorsement (see N.J.S.A. 17:28-1.1) to her automobile insurance policy.

For the purposes of this action the following facts are not disputed. Mongiovi was sitting in her parked car on June 5,

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