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HELDOR INDS. v. ATLANTIC MUT. INS.

229 N.J. Super. 390 (1988)

551 A.2d 1001

HELDOR INDUSTRIES, INC., PLAINTIFF-APPELLANT, v. ATLANTIC MUTUAL INSURANCE COMPANY, A NEW YORK CORPORATION; LINCOLN INSURANCE COMPANY, A DELAWARE CORPORATION, AND PURITAN INSURANCE COMPANY, A CONNECTICUT CORPORATION, DEFENDANTS-RESPONDENTS, AND AMBASSADOR INSURANCE COMPANY, A VERMONT CORPORATION; CANADIAN UNIVERSAL INSURANCE COMPANY, LTD., A CANADIAN CORPORATION; CONTINENTAL CASUALTY COMPANY, AN ILLINOIS CORPORATION, FEDERAL INSURANCE COMPANY, A NEW JERSEY CORPORATION; GREAT AMERICAN SURPLUS LINES INSURANCE COMPANY, AN OHIO CORPORATION; AND HIGHLANDS INSURANCE COMPANY, A TEXAS INSURANCE COMPANY, DEFENDANTS. LINCOLN INSURANCE COMPANY, THIRD-PARTY PLAINTIFF, v. PIPER POOLS AND PIPER POOLS CHERRY HILL INC., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1988.

Attorney(s) appearing for the Case

Jeffrey L. Shanaberger argued the cause for appellant (Brener, Wallack & Hill, attorneys; Jeffrey L. Shanaberger on the brief).

Elliott Abrutyn argued the cause for respondent Atlantic Mutual Insurance Company (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Elliott Abrutyn of counsel; Carolyn C. Markason on the brief).

Thomas A. Harley argued the cause for respondent Lincoln Insurance Company (Carney & Wilson, attorneys; Thomas A. Harley on the brief).

Lester E. Fetell argued the cause for respondent Puritan Insurance Company (Lester E. Fetell on the brief).

Before Judges DREIER and HAVEY.

The opinion of the Court was delivered by HAVEY, J.A.D.

Plaintiff Heldor Industries, Inc. (Heldor), appeals from orders for summary judgment dismissing its declaratory judgment action against defendants Atlantic Mutual Insurance Company (Atlantic), Lincoln Insurance Company (Lincoln), and Puritan Insurance Company (Puritan).1 In its suit, Heldor demanded that defendants provide coverage under their general liability policies issued to...

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