McNALLY v. PROVIDENCE WASHINGTON INS. CO.


304 N.J. Super. 83 (1997)

BROTHER VINCENT McNALLY AND THE CHRISTIAN BROTHERS INSTITUTE, PLAINTIFFS-APPELLANTS, v. PROVIDENCE WASHINGTON INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 1997.


Attorney(s) appearing for the Case

William J. Bailey argued the cause for appellant (DeCotiis, Fitzpatrick & Gluck, attorneys; Edward N. Fitzpatrick, of counsel; Mr. Bailey, on the brief).

James B. Moran argued the cause for respondent (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Moran, of counsel; Paul C. Vitrano, on the brief).

Before Judges LONG, A.A. RODRIGUEZ and CUFF.


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

On August 17, 1988, James Hoy and his parents filed a complaint against several individuals and entities, including Brother Vincent McNally and the Christian Brothers Institute (CBI). The complaint alleged that while a student at Essex Catholic High School in the fall of 1982, James Hoy was sexually assaulted by Brother Andrew Hewitt.

CBI, a non-profit organization affiliated with the Roman Catholic...

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