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AMERICAN HOME v. ST. PAUL FIRE & MARINE

233 N.J. Super. 137 (1989)

558 A.2d 65

AMERICAN HOME ASSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND GREENSTONE, GREENSTONE & NAISCHULER, P.C.; HAROLD A. SHERMAN; PETER PROCANIK, AN INFANT, BY HIS GUARDIAN AD LITEM, ROSEMARIE PROCANIK; ROSEMARIE PROCANIK AND MICHAEL PROCANIK; LEE S. GOLDSMITH; AND GREENSTONE, GREENSTONE, NAISCHULER AND GOLDSMITH, P.A., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1989.

Attorney(s) appearing for the Case

John C. Kennedy argued the cause for appellant (O'Donnell, Kennedy, Vespole & Piechta, attorneys, John C. Kennedy, of counsel and on the brief).

Richard D. Catenacci argued the cause for respondent (Connell, Foley & Geiser, attorneys, Richard D. Catenacci, of counsel, Richard D. Catenacci and Janet Zaorski Kalapos, on the brief).

Before Judges PRESSLER, O'BRIEN and STERN.

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

This is a dispute between two professional liability carriers over their respective obligations to provide a defense to the same insured covered by a policy issued by each. The trial judge dismissed the complaint of American Home Assurance Company (American Home), which sought contribution to its defense costs from defendant St. Paul Fire & Marine Insurance

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