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KENNEDY v. JEFFERSON SMURFIT CO.

287 N.J. Super. 117 (1996)

670 A.2d 577

IN THE MATTER OF JOSEPH KENNEDY, PLAINTIFF, v. JEFFERSON SMURFIT COMPANY AND CONTAINER CORP. OF AMERICA, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. NORTH OPERATING COMPANY, THIRD PARTY DEFENDANT RESPONDENT, AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, THIRD PARTY DEFENDANT APPELLANT, ULTRA PACKAGING, THIRD PARTY DEFENDANT. JOSEPH KENNEDY, PLAINTIFF, v. JEFFERSON SMURFIT COMPANY AND CONTAINER CORP. OF AMERICA, DEFENDANTS-APPELLANTS, v. NORTH OPERATING COMPANY, THIRD PARTY DEFENDANT RESPONDENT, AND ULTRA PACKAGING AND NEW JERSEY MANUFACTURING INSURANCE COMPANY, THIRD PARTY DEFENDANTS. JEFFERSON SMURFIT COMPANY AND CONTAINER CORP. OF AMERICA, PLAINTIFFS, v. FIREMAN'S FUND INSURANCE COMPANY, AMERICAN INSURANCE COMPANY AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1996.

Attorney(s) appearing for the Case

George W. Connell argued the cause for appellant New Jersey Manufacturers Insurance Company (Connell, Foley & Geiser, attorneys; Mr. Connell and William J. Gross, on the brief).

Joseph DiRienzo argued the cause for appellant and respondent Jefferson Smurfit Company and Container Corp. of America (DiRienzo & Wallerstein, attorneys; Martin B. Wallerstein, on the brief).

Michael C. Urciuoli argued the cause for respondent North Operating Company (De Veaux, Urciuoli & Seidman, attorneys; Mr. Urciuoli, on the brief).

Before Judges HAVEY, D'ANNUNZIO and BRAITHWAITE.

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

New Jersey Manufacturers Insurance Company (NJM) appeals from a summary judgment determining that it had to provide coverage to Jefferson Smurfit Company (Jefferson) for a personal injury claim asserted by Joseph Kennedy. Jefferson appeals from a summary judgment in favor of North Operating Company (North) determining that North was not required to indemnify...

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