ROGERS v. SNAPPY CAR RENTAL, INC.


272 N.J. Super. 346 (1993)

639 A.2d 1154

THOMAS P. ROGERS, AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, PLAINTIFFS, v. SNAPPY CAR RENTAL, INC. AND PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division Passaic County.

Decided November 19, 1993.


Attorney(s) appearing for the Case

Florence Amato Scrivo, for plaintiffs (Evans, Hand, Allabough & Amoresano, attorneys).

Thomas J. Decker, for defendants (Schechner & Decker, attorneys).


MINIMAN, J.S.C.

The issue presented here for resolution is the effect to be given competing excess insurance clauses in two automobile liability insurance policies, one insuring the driver and the other insuring the driver and the car rental company. For the reasons stated hereafter, these mutually repugnant excess coverage clauses are inoperative and the insurances are consequently co-primary.

The facts material to these cross-motions for summary judgment...

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