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CIRELLI v. OHIO CASUALTY INSURANCE CO.

133 N.J. Super. 492 (1975)

337 A.2d 405

ALBERTO CIRELLI, PLAINTIFF, v. THE OHIO CASUALTY INSURANCE CO., AND RICHARD C. McDONOUGH, NEW JERSEY COMMISSIONER OF INSURANCE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Mr. Charles F. Krause, III, for plaintiff (Messrs. Riemenschneider, Krause & Vion, attorneys).

Mr. Elliott Abrutyn for defendant Ohio Casualty Insurance Co., (Messrs. Morgan, Melhuish, Monaghan, McCoid & Spielvogel, attorneys).

Ms. Maureen McGrath for defendant Richard C. McDonough, New Jersey Commissioner of Insurance (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

LARNER, A.J.S.C.

Alberto Cirelli instituted this action seeking a declaratory judgment relating to the nature and extent of the liability of defendant Ohio Casualty Insurance Co. (hereinafter Ohio) under an insurance policy covering the automobile owned by him. The issues were submitted to the court on a stipulation which incorporates the following operative facts.

Alberto Cirelli, the assured under the policy...

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