BARTELS v. ROMANO


171 N.J. Super. 23 (1979)

407 A.2d 1248

KATHRYN BARTELS, AN INFANT BY HER GUARDIAN AD LITEM DONALD J. BARTELS, MICHAEL BARTELS, AN INFANT BY HIS GUARDIAN AD LITEM DONALD J. BARTELS, DONALD J. BARTELS AND MAUREEN BARTELS, INDIVIDUALLY, PLAINTIFFS, v. CHARLES ROMANO AND SUE ANN ROMANO, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1979.


Attorney(s) appearing for the Case

Mr. George W. Connell argued the cause for appellant (Messrs. Connell, Foley & Geiser, attorneys; Mr. Richard D. Catenacci, of counsel and on the brief).

Mr. Robert A. Sachs argued the cause for respondents (Messrs. Sachs & Sachs, attorneys).

Before Judges SEIDMAN, MICHELS and DEVINE.


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

By leave granted, third-party defendant, New Jersey Manufacturers Insurance Company (NJM) appeals from a summary judgment of the trial court ruling that it provide coverage, under a homeowner's policy, to defendants Charles and Sue Ann Romano in a pending negligence action.

It appears that the vehicle was parked in defendants' driveway and the Romano children were occupying it while awaiting their mother...

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