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WEEDO v. STONE-E-BRICK, INC.

155 N.J. Super. 474 (1977)

382 A.2d 1152

CALVIN C. WEEDO AND JANICE WEEDO, HIS WIFE, PLAINTIFFS, v. STONE-E-BRICK, INC. AND RALPH ROMANO, INDIVIDUALLY, DEFENDANTS AND THIRD-PARTY PLAINTIFFS APPELLANTS, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, THIRD-PARTY DEFENDANT RESPONDENT. GUS GELLAS AND THALMA A. GELLAS, HIS WIFE, PLAINTIFFS, v. ALFRED VIVINO, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. JAMES FREY AND RALPH ROMANO, THIRD-PARTY DEFENDANTS AND FOURTH-PARTY PLAINTIFFS RESPONDENTS, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, FOURTH-PARTY DEFENDANT APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1977.

Attorney(s) appearing for the Case

Mr. George W. Parsons, Jr., argued the cause for third-party plaintiffs appellants Stone-E-Brick, Inc. and Ralph Romano (in A-559-76), and fourth-party plaintiffs respondents James Frey and Ralph Romano (in A-631-76) (Messrs. Cole, Geaney and Yamner, attorneys; Mr. H. George Avery on the brief).

Mr. Thomas P. McHugh argued the cause for third-party defendant respondent Pennsylvania National Mutual Casualty Insurance Company (in A-559-76) and fourth-party defendant appellant (in A-631-76) (Messrs. Gurry and Conlan, attorneys).

Before Judges LORA, SEIDMAN and MILMED.

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

These consolidated appeals arise from lawsuits in two counties. They involve the issue of whether an insurance carrier is obligated, under a comprehensive general liability insurance policy, to accord its insured a defense to claims asserted against it in those lawsuits. In one of the cases the trial judge ruled that the policy did not provide coverage and granted the insurer's motion for summary

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