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PAWLICK v. N.J. AUTO. FULL INS.

284 N.J. Super. 629 (1995)

666 A.2d 186

NANCY PAWLICK, PLAINTIFF, v. THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION AS SERVED BY ALLSTATE INSURANCE COMPANY, DEFENDANTS/THIRD PARTY PLAINTIFF. PROGRESSIVE INSURANCE COMPANY, DEFENDANT/APPELLANT, v. FIDELCOR SERVICES, INC., THIRD-PARTY DEFENDANT AND FOURTH PARTY PLAINTIFF/APPELLANT, v. MOTOR CLUB OF AMERICA INS. CO., FOURTH PARTY DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1995.

Attorney(s) appearing for the Case

Ronald H. Schachman argued the cause for appellant Fidelcor Services, Inc. and Progressive Insurance Company (Wasserman & Schachman, attorneys).

Alan H. Bernstein argued the cause for respondent Motor Club of America Ins. Co. (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Bernstein, of counsel; Melissa E. Flax, on the brief).

Tony LaRocca argued the cause for injured plaintiff Nancy Pawlick (Fano & LaRocca, attorneys; Nicholas J. Fano, on the brief).

Before Judges PRESSLER, KEEFE and ARIEL A. RODRIGUEZ.

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

Defendant Progressive Insurance Company ("Progressive") and fourth party plaintiff Fidelcor Services Inc., ("Fidelcor") appeal from the entry of summary judgment in favor of fourth party defendant Motorclub of America Insurance Co., ("MCA"). The summary judgment determined that MCA was not obligated to furnish coverage to the lessee of an automobile owned by Fidelcor in an underlying automobile liability suit...

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