KOCSE v. LIBERTY MUTUAL INSURANCE COMPANY


159 N.J. Super. 340 (1978)

387 A.2d 1259

RANDOLPH H. KOCSE, PLAINTIFF, v. LIBERTY MUTUAL INSURANCE COMPANY, VIRGINIA MCNULTY, GIOCCHINO T. CACI, A/K/A JACK T. CACI, ANGELA CACI AND JACQUELINE CACI, AN INFANT BY HER GUARDIAN AT LITEM, ANGELA CACI, DEFENDANTS, AND LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. ALLSTATE INSURANCE CO., MARC 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 May 1, 1978.


Attorney(s) appearing for the Case

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

Mr. W. Stephen Leary for third-party defendant Allstate Insurance Co. (Messrs. Leary and D'Ambrosio, attorneys).


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

On this motion for summary judgment defendant Allstate Insurance Company seeks to be relieved from its obligation to defend its insured, Randolph H. Kocse. Allstate contends that as a result of making settlement payments of its policy limits it is discharged from its duty to defend. There is no reported case in this State which is controlling on the issue before the court, and as between the other jurisdictions there is a sharp...

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