MT. HOPE INN v. TRAVELERS INDEMNITY COMPANY


157 N.J. Super. 431 (1978)

384 A.2d 1159

MT. HOPE INN, PLAINTIFF, v. THE TRAVELERS INDEMNITY COMPANY, A CORPORATION OF THE STATE OF CONNECTICUT.

Superior Court of New Jersey, Law Division.

Decided February 27, 1978.


Attorney(s) appearing for the Case

Mr. Anthony L. Bongiovanni for plaintiff.

Mr. Robert A. Auerbach, for defendant (Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).


POLOW, J.S.C.

This is a declaratory judgment action in which plaintiff, the insured, seeks a determination of defendant's obligation under a liability policy, to defend a damage claim by a patron injured in plaintiff's tavern, allegedly as a result of an assault by another patron. The injured claimant, one Radwanski, brought an action in tort against both the alleged assailant and the insured Mt. Hope Inn, but defendant disclaimed and refused to defend, relying on...

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