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SMITHBOWER v. NAVISTAR INTERN.

265 N.J. Super. 119 (1993)

625 A.2d 586

WILLIAM SMITHBOWER, JR., PLAINTIFF, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORP., INDUSTRIAL TRUCK BODY, WHITING DOOR COMPANY, MORGAN TRUCK BODY AND JOHN DOE COMPANY, DEFENDANTS, AND UNION GARAGE, DEFENDANT/THIRD-PARTY PLAINTIFF/RESPONDENT, v. ATLANTIC EMPLOYERS INSURANCE COMPANY, THIRD-PARTY DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1993.

Attorney(s) appearing for the Case

Jeffrey M. Kadish argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Kadish, of counsel; Victoria A. Manning on the brief and reply letter brief).

Donald M. Garson argued the cause for respondent (Buttafuoco, Karpf & Arce, attorneys; Mr. Garson, of counsel and on the brief).

Before Judges J.H. COLEMAN, SHEBELL and A.M. STEIN.

The opinion of the court was delivered by Arnold M. STEIN, J.A.D.

Third-party defendant Atlantic Employers Insurance Company appeals the summary judgment entered in favor of third-party plaintiff Union Garage requiring Atlantic to defend and indemnify Union Garage against plaintiff's claims. We reverse and remand for entry of judgment in favor of Atlantic.

On August 26, 1988, plaintiff truck driver, employed by Fieldville Farms, was injured when a rear-door...

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