KOCSE v. LIBERTY MUTUAL INSURANCE COMPANY


152 N.J. Super. 371 (1977)

377 A.2d 1234

RANDOLPH H. KOCSE, PLAINTIFF, v. LIBERTY MUTUAL INSURANCE COMPANY, VIRGINIA MC NULTY, GIOCCHINO T. CACI, A/K/A JACK T. CACI, ANGELA CACI, AND JACQUELINE CACI, AN INFANT BY HER GUARDIAN AD LITEM, ANGELA CACI, DEFENDANTS, AND LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. ALLSTATE INSURANCE CO., MARK CACI, AN INFANT BY HIS GUARDIAN AD LITEM, ANGELA CACI, MICHAEL FIORE, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF FRANCESCO FIORE, DECEASED, AND MICHAEL FIORE, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF LOUISE FIORE, DECEASED, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 4, 1977.


Attorney(s) appearing for the Case

Mr. Malcolm Blum for plaintiff Randolph Kocse (Messrs. Carlton and Blum, attorneys).

Mr. Frank R. Cinquina for defendant and third-party plaintiff Liberty Mutual Insurance Co. (Messrs. Schwartz and Andolino, attorneys).

Mr. David A. Waks for defendant Giocchino T. Caci (Messrs. Isadore & David A. Waks, attorneys).

Mr. Nickolas E. Nasuta for defendant Virginia McNulty (Mr. Robert J. Inglima, attorney).

Mr. Charles Rodgers for defendants Angela Caci and Jacqueline Caci, an infant by her guardian ad litem, Angela Caci; for third-party defendants Mark Caci, an infant by his guardian ad litem, Angela Caci, and Michael Fiore, general administrator ad prosequendum of the estates of Francesco Fiore and Louise Fiore (Messrs. Breslin and Breslin, attorneys).

Mr. Rocco L. D'Ambrosio for third-party defendant Allstate Insurance Co. (Messrs. O'Donnell, Leary & D'Ambrosio, attorneys).


MONAGHAN, J.D.C., Temporarily Assigned.

This is basically a declaratory judgment action brought to compel an insurance company to indemnify and/or defend its insured against certain automobile negligence actions, now pending the outcome of this case. The insurer, Liberty Mutual Insurance Company (Liberty), had contended that the accident in question did not fall within the coverage provided by the automobile liability...

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