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GRIGGS v. BERTRAM

163 N.J. Super. 87 (1978)

394 A.2d 174

CLINTON GRIGGS, AN INFANT BY HIS GUARDIAN AD LITEM, SUMNER GRIGGS AND SUMNER GRIGGS, INDIVIDUALLY, PLAINTIFFS, v. WILLIAM BERTRAM, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. THE FRANKLIN MUTUAL INSURANCE CO., THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Middlesex County Court, Law Division.

October 5, 1978.

Attorney(s) appearing for the Case

Mr. Edward K. Zuckerman for defendant and third-party plaintiff (Messrs. Rosenhouse, Cutler & Zuckerman, attorneys).

Mr. Bernard F. Boglioli for third-party defendant (Messrs. Boglioli, Stamelman & Stein, attorneys).

HAMLIN, J.D.C. (temporarily assigned).

This is a motion for involuntary dismissal pursuant to R. 4:37-2(b) made at the close of third-party plaintiff's case on liability. The motion requires that the court review briefly the current state of the law involving suits between policyholders and "breaching" insurance carriers so as to rule on a specific point of first impression regarding the effect of an independent settlement between an original claimant and the...

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