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NEUMAN v. WAKEFERN FOODS

205 N.J. Super. 263 (1985)

500 A.2d 752

JOAN NEUMAN, PLAINTIFF, v. WAKEFERN FOODS, D/B/A SHOP RITE OF ELIZABETH AND "ABC CORPORATION" (NAME BEING FICTITIOUS AND UNKNOWN), DEFENDANTS, AND WAKEFERN FOODS, D/B/A SHOP RITE OF ELIZABETH, DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, v. HENRY WILLIAM NEUMAN, HUGHES REFRIGERATED EXPRESS AND AMERICAN MUTUAL INSURANCE COMPANIES, THIRD-PARTY DEFENDANTS, AND INTEGRITY INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1985.

Attorney(s) appearing for the Case

Murray A. Klayman argued the cause for third-party plaintiff-appellant (Philip M. Lustbader and David Lustbader, attorneys; Murray A. Klayman on the brief).

William C. Bochet argued the cause for third-party defendant-respondent (Muscarella, Hirschklau, Bochet, Feitlin, Trawinski & Edwards, attorneys; William C. Bochet on the brief).

No one appeared or filed briefs on behalf of any other party.

Before Judges FURMAN and PETRELLA.

PER CURIAM.

Wakefern Foods (Wakefern), doing business as Shop Rite of Elizabeth, appeals from an order denying it insurance coverage under an automobile liability policy issued by third-party defendant Integrity Insurance Company (Integrity) to Hughes Refrigerated Express (Hughes) and covering a truck making a delivery to Wakefern's premises. We affirm.

Plaintiff Joan Neuman, an employee of Hughes, sued Wakefern and "ABC Corporation," the fictitious name of...

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