HORESH v. STATE FARM FIRE & CAS. CO.


265 N.J. Super. 32 (1993)

625 A.2d 541

ESTA HORESH, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. STATE FARM FIRE & CASUALTY COMPANY, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1993.


Attorney(s) appearing for the Case

Craig M. Terkowitz argued the cause for appellant, cross-respondent (Vitiello, Seltzer, Terkowitz & Vitiello, attorneys, Kenneth A. Seltzer of counsel and on the brief).

David L. Ploshnick argued the cause for respondent, cross-appellant (Baer, Arbeiter & Ploshnick, attorneys, Mr. Ploshnick of counsel and on the brief).

Before Judges PRESSLER, R.S. COHEN and KESTIN.


The opinion of the court was delivered by R.S. COHEN, J.A.D.

Plaintiff's husband started an action to recover for an injury to their infant son. Defendants filed a third-party complaint against plaintiff for contribution and indemnification. State Farm was the family's homeowners' insurer. Plaintiff requested State Farm to defend her, but it declined to do so. State Farm took the position that the claim was excluded by the terms of the insurance policy. Plaintiff...

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