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SCHMIDT v. SMITH

294 N.J. Super. 569 (1996)

684 A.2d 66

LISA M. SCHMIDT, PLAINTIFF/RESPONDENT, v. DENNIS SMITH AND PERSONALIZED AUDIO VISUAL, INC., DEFENDANTS/THIRD PARTY PLAINTIFF/RESPONDENT, AND UNITED STATES FIDELITY AND GUARANTY COMPANY, THIRD PARTY DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1996.

Attorney(s) appearing for the Case

Kevin E. Wolff argued the cause for appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. Wolff, of counsel and on the brief; Mary Rose Migliazza, on the brief).

Elizabeth Zuckerman argued the cause for respondent Lisa M. Schmidt (Mason, Griffin & Pierson, attorneys; Ms. Zuckerman, of counsel and on the brief; Ellen Barney-Balint, on the brief).

John J. Bubliewicz argued the cause for respondent Dennis Smith.

Francis X. Garrity argued the cause for respondent Personalized Audio Visual, Inc. (Garrity, Graham & Favetta, attorneys).

Before Judges KING, KEEFE and LOFTUS.

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

Third party defendant United States Fidelity and Guaranty Co. (USFG) appeals from a judgment entered on cross motions for summary judgment that USFG had a duty to defend and indemnify defendants Dennis Smith (Smith) and Smith's employer, Personalized Audio Visual, Inc. (PAV), for plaintiff Lisa Schmidt's claim of hostile work environment sexual harassment. We affirm in part and reverse in part for the reasons...

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