D'EUSTACHIO v. BEVERLY


177 N.J. Super. 566 (1979)

MARK A. D'EUSTACHIO, PLAINTIFF, v. CITY OF BEVERLY, BEVERLY FIRE COMPANY NO. 1, HOPE HOSE FIRE COMPANY NO. 2, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, AND WILLINGBORO FIRE COMPANY, DELANCO FIRE COMPANY AND BEVERLY ROAD FIRE COMPANY, DEFENDANTS, v. INSURANCE COMPANY OF NORTH AMERICA AND OHIO CASUALTY GROUP OF INSURANCE COMPANIES, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided December 12, 1979.


Attorney(s) appearing for the Case

John Lee Madden, for plaintiff.

Bernadette A. Duncan for defendant, City of Beverly (Timothy E. Annin, attorney).

Louis A. Colaguori for defendants Beverly Fire Company No. 1 and Hope Hose Fire Company No. 2 (Bookbinder, Colaguori & Bookbinder, attorneys).

Elliott Yampell for third-party defendant Insurance Company of North America (Yampell & Cosentino, attorneys).

Frederick Fitchett for third-party defendant Ohio Casualty Group of Insurance Companies (Bleakly, Stockwell and Zink, attorneys).

Phillip Lezenby for defendant Willingboro Fire Company (Moss, Powell and Powers, attorneys).

Michael J. Weiss for defendant Delanco Fire Company (Montano, Summer, Mullen and Manuel, attorneys).

William V. Webster for defendant Beverly Road Fire Company (Parker, McCay and Criscuolo, attorneys).

Laurence A. Hecker filed a brief and argued amicus curiae for the N.J. Association of Fire Districts.


WELLS, J.S.C.

This is a motion by Insurance Company of North America (INA) for summary judgment dismissing a third-party complaint brought be two volunteer fire companies of Beverly, New Jersey, seeking coverage and legal defense of a tort claim against the two companies. Although such is the procedural context of the motion, there does not appear on this motion, at least, any issue relating to actual coverage under...

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