HARTFORD ACC. & INDEM. CO. v. TRAVELERS INS. CO.


167 N.J. Super. 335 (1979)

400 A.2d 862

HARTFORD ACCIDENT & INDEMNITY COMPANY, PLAINTIFF, v. TRAVELERS INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 9, 1979.


Attorney(s) appearing for the Case

Mr. Eugene M. Purcell for plaintiff (Messrs. Purcell, Ries & Shannon, attorneys).

Mr. James D. Butler for defendant.


MARGOLIS, J.S.C.

The court is here presented with a question of novel impression in this State concerning coverage, if any, afforded under an automobile insurance policy by reason of an accident involving a tow truck, which was towing an oil truck, and which tow truck was in a collision with a third vehicle.

The primary issue is whether the act of towing a vehicle is a "use" of the towed vehicle within the meaning of the policy insuring the towed vehicle,...

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