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ERDO v. TORCON CONST. CO., INC.

275 N.J. Super. 117 (1994)

645 A.2d 806

JULIUS ERDO, III, PLAINTIFF, v. TORCON CONSTRUCTION COMPANY, INC., DEFENDANT/THIRD PARTY PLAINTIFF-APPELLANT, AND VOLLERS EXCAVATING & CONSTRUCTION INC., DEFENDANT, v. UNITED STATES FIDELITY AND GUARANTEE COMPANY, THIRD PARTY DEFENDANT-RESPONDENT, v. CONTINENTAL CASUALTY COMPANY, THIRD PARTY DEFENDANT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 1994.

Attorney(s) appearing for the Case

Glenn A. Montgomery, argued the cause for appellant Torcon Construction Company (Pollock, Montgomery & Chapin, attorneys; Mr. Montgomery, on the brief).

Ernest Schoellkopff, argued the cause for cross-appellant Continental Casualty Company (Connell, Foley & Geiser, attorneys; John B. Lavecchia, of counsel; Mr. Schoellkopff, on the brief).

Michael J. O'Mara, argued the cause for respondent (Crawshaw, Mayfield, Riordan, Turner, O'Mara, Donnelly, Thomas & McBride, attorneys; Mr. O'Mara, on the brief).

Before Judges KING, HAVEY and ARIEL A. RODRIGUEZ.

ARIEL A. RODRIGUEZ, J.S.C. (temporarily assigned).

By leave granted, Torcon Construction Co. (Torcon) appeals the denial of a motion for summary judgment entitling it to coverage and a defense by USF & G of the personal injury claim filed by plaintiff. We reverse on the authority of Maryland Casualty Co. v. New Jersey Manufacturers, 48 N.J.Super. 314, 323-324, 137 A.2d 577 (App.Div.), aff'd,

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