TAL v. FRANKLIN MUT. INS. CO.


172 N.J. Super. 112 (1980)

410 A.2d 1194

ROBERT D. TAL AND CHARLES TAL, PLAINTIFFS-APPELLANTS, v. FRANKLIN MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT. FRANKLIN MUTUAL INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. ROBERT D. TAL AND CHARLES TAL, AND MITCHELL J. WEBB, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1980.


Attorney(s) appearing for the Case

Marshall Gates argued the cause for appellants Tal (Roy Curnow, on the Reply Brief).

Alan D. Rubenstein argued the cause for appellant Webb.

R. Webb Leonard argued the cause for respondent Franklin Mutual Insurance Co. (Busche, Clark, Leonard & Honig, attorneys; Leonard, of counsel; Steven A. Spalter on the brief).

Robert H. Jaffe argued the cause for intervenor Karen L. Flood (Jaffe and Howard G. Schlesinger on the brief).

Before Judges ALLCORN, MORGAN and HORN.


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

Two insureds, Robert Tal and Mitchell Webb, appeal from a declaratory judgment in favor of their insurance carrier, Franklin Mutual Insurance Company (hereinafter "Franklin"), exonerating Franklin from liability on two homeowner's policies with respect to the death of one Thomas Flood because, according to the trial judge's findings, his death was "expected or intended" by the insureds within the meaning of...

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