PEP BOYS v. CIGNA INDEM. INS. CO.


300 N.J. Super. 245 (1997)

THE PEP BOYS, PLAINTIFF-APPELLANT, v. CIGNA INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, CIGNA PROPERTY & CASUALTY COMPANIES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1997.


Attorney(s) appearing for the Case

Lawrence B. Berg argued the cause for appellant (Marshall, Dennehy, Warner, Coleman & Goggin, attorneys; Mr. Berg and Walter J. Klekotka, on the brief).

Alfred Abbotts argued the cause for respondent (K. Ruth Larsen, attorney; Edward C. McHugh, of counsel; Mr. Abbotts, on the brief).

Before D'ANNUNZIO, NEWMAN and VILLANUEVA, JJ.


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

This is a dispute about liability insurance coverage. It arises out of the death of Richard Parks, Jr.

On May 25, 1990, the decedent, Richard Parks, Jr., his younger brother and another boy decided to purchase freon because the brother had heard that it could "get you high." At that time, decedent was seventeen years old, the brother was fifteen, and the third boy was fourteen.

The three...

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