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DIEHL v. CUMBERLAND MUT. FIRE INS. CO.

296 N.J. Super. 231 (1997)

RICHARD D. DIEHL, PLAINTIFF/RESPONDENT, v. CUMBERLAND MUTUAL FIRE INSURANCE COMPANY, DEFENDANT/APPELLANT, AND MARKET TRANSITION FACILITY OF NEW JERSEY BY CSC INSURANCE SERVICES; NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Frank G. Basile argued the cause for appellant (Basile & Testa, attorneys; Mr. Basile and Diane Vari, of counsel and on the brief).

Richard C. Borton argued the cause for respondent Richard D. Diehl (Michael N. Kouvatas, attorney; Mr. Borton, on the brief).

Arthur E. Donnelly argued the cause for respondent Market Transition (Montano, Summers, Mullen, Manuel, Owens & Gregorio, attorneys; David D. Duffin, on the brief).

Before Judges LANDAU, WALLACE and KIMMELMAN.

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

The issue here requires us to determine whether coverage should be afforded under an automobile liability insurance policy or under a homeowner's insurance policy. The motion judge found that the injury did not arise out of the use of an automobile and concluded that the homeowner's insurance policy provided coverage for personal liability to a third party...

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