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RODRIGUEZ v. HUDSON COUNTY COLLISION CO.

296 N.J. Super. 213 (1997)

DIANA RODRIGUEZ, PLAINTIFF-RESPONDENT, v. HUDSON COUNTY COLLISION COMPANY, AND ITS AGENT OR EMPLOYEE, GLENN H. KITMAN, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS/THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. R.C. ENGLISH AGENCY AND JANNINE S. RICHTER, INDIVIDUALLY, THIRD-PARTY DEFENDANTS-RESPONDENTS. FRANCISCO GARCIA, PLAINTIFF-RESPONDENT, v. HUDSON COUNTY COLLISION COMPANY, AND ITS AGENT OR EMPLOYEE, GLENN H. KITMAN, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS/THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. R.C. ENGLISH AGENCY AND JANNINE S. RICHTER, INDIVIDUALLY, THIRD-PARTY DEFENDANTS-RESPONDENTS. R.C. ENGLISH AGENCY, THIRD-PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF-RESPONDENT, v. I.G. INC., SPRINGFIELD AGENCY, JOHN DOE 1-10 INDIVIDUALS AND JOHN DOE 1-10 ENTITIES, JANNINE S. RICHTER, DONALD F. SCHNOOR AND GEORGE H. GROB, FOURTH-PARTY DEFENDANTS-RESPONDENTS. JANNINE S. RICHTER, THIRD-PARTY DEFENDANT/FIFTH-PARTY PLAINTIFF-RESPONDENT, v. COMMERCIAL AUTOMOBILE INSURANCE PROCEDURE (C.A.I.P.) AND PROGRESSIVE CASUALTY INSURANCE COMPANY, FIFTH-PARTY DEFENDANTS-APPELLANTS. DONALD F. SCHNOOR AND GEORGE H. GROB, FOURTH-PARTY DEFENDANTS/SIXTH-PARTY PLAINTIFFS-RESPONDENTS, v. COMMERCIAL AUTOMOBILE INSURANCE PROCEDURE (C.A.I.P.) AND PROGRESSIVE CASUALTY INSURANCE COMPANY, SIXTH-PARTY DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1997.

Attorney(s) appearing for the Case

Berlin, Kaplan, Dembling & Burke, attorneys for appellants (Marc L. Dembling, of counsel; Mr. Dembling and Janet L. Pisansky, on the brief).

Fuchs, Altschul, Greenberg & Sapin, attorneys for respondent Diana Rodriguez, and McAlevy & Lynch, attorneys for respondent Hudson County Collision Company (Robert Fuchs and John D. Lynch, on the joint brief).

Before KLEINER and COBURN, JJ.

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

Progressive Casualty Insurance Company (Progressive) and New Jersey Automobile Insurance Plan Commercial Automobile Insurance Procedure (Plan) appeal from the entry of an order, following a bench trial, requiring the reformation of an automobile insurance policy that they issued to respondent, Hudson County Collision Company (Hudson County). Specifically, the trial judge ordered that the policy's effective...

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