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MROZ v. SMITH

261 N.J. Super. 133 (1992)

617 A.2d 1259

ROBERT MROZ AND DIANE MROZ, PLAINTIFFS, v. JAMES W. SMITH, DEFENDANT-THIRD-PARTY-PLAINTIFF-RESPONDENT, v. CONTINENTAL CASUALTY COMPANY, THIRD-PARTY-DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1992.

Attorney(s) appearing for the Case

John B. LaVecchia argued the cause for appellant (Connell, Foley & Geiser, attorneys; Mr. LaVecchia, of counsel; Ernest W. Schoellkopff, on the brief).

Henry J. Franzoni, Jr., argued the cause for respondent.

Before Judges PETRELLA, D'ANNUNZIO and KEEFE.

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

Continental Insurance Company (Continental) appeals on leave granted from an interlocutory order which required it to assume the defense of James W. Smith and indemnify him for any loss resulting from an action brought by plaintiffs Robert and Diane Mroz for sexual harassment and numerous harassing telephone calls.

The motion judge decided the matter on cross-motions for summary judgment in the third...

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