FIREMAN'S FUND INS. CO. v. SECURITY INS. CO. OF HARTFORD


72 N.J. 63 (1976)

367 A.2d 864

FIREMAN'S FUND INSURANCE COMPANY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. SECURITY INSURANCE COMPANY OF HARTFORD, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 7, 1976.


Attorney(s) appearing for the Case

Mr. Joseph J. Bergamino argued the cause for Security Insurance Company of Hartford (Messrs. Bergamino and DeGonge, attorneys).

Mr. Charles H. Hoens, Jr. argued the cause for Fireman's Fund Insurance Company (Messrs. Lum, Biunno and Tompkins, attorneys).


The opinion of the court was delivered by KOLOVSKY, P.J.A.D., Temporarily Assigned.

The malpractice liability insurance policy issued by defendant insurance company includes the following provisions with respect to malpractice claims asserted or suits instituted against its insured:

"* * * the company may make such investigation and, with the written consent of the insured, such settlement of any claim or suit as it deems expedient.

* * *

The...

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