IBBERSON v. CLARK


182 N.J. Super. 300 (1982)

440 A.2d 1157

JANE A. IBBERSON, PLAINTIFF-RESPONDENT, v. ROBERT A. CLARK, DEFENDANT-RESPONDENT, AND ALBERT MOSER, JR., STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION (DIVISION OF MARINE SERVICES) AND INSURANCE COMPANY OF NORTH AMERICA, DEFENDANTS, AND AETNA CASUALTY & SURETY COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1982.


Attorney(s) appearing for the Case

Glenn R. Gronlund argued the cause for appellant Aetna Casualty & Surety Company (Horn, Kaplan, Goldberg & Gorny, attorneys).

Paul R. D'Amato argued the cause for respondent Jane A. Ibberson (Hankin & D'Amato, attorneys).

John P. Montemurro argued the cause for respondent Robert A. Clark (Tomlin, Clark & Hopkin, attorneys; William R. Hopkin, Jr. on the brief).

James R. Zazzali, Attorney General, attorney for defendant State of New Jersey, filed a statement of nonparticipation (Thomas F. Marshall, Deputy Attorney General, on the statement).

No appearances were made on behalf of defendants Albert W. Moser, Jr. and Insurance Company of North America.

Before Judges MILMED, JOELSON and GAULKIN.


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

Plaintiff Jane A. Ibberson brought this action to recover damages for personal injuries sustained as a passenger in a motor boat owned by defendant Albert Moser, Jr. and operated by defendant Robert A. Clark which collided with a marker in Great Egg Harbor Bay on October 4, 1976. Plaintiff joined defendant Aetna Casualty & Surety Company (Aetna) seeking a declaratory judgment that Clark was insured under...

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