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HOME STATE INS. v. CONTINENTAL INS.

713 A.2d 557 (1998)

313 N.J. Super. 584

HOME STATE INSURANCE COMPANY, Plaintiff-Appellant, v. CONTINENTAL INSURANCE COMPANY, Defendant-Respondent, and Jaime Skierski, an Infant by Her Guardian Ad Litem, Beverly Skierski, Irving Raphael, Inc., Leila Steinnagel, John Doe and Jane Doe, Names Being Fictitious, Real Names Unknown, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1998.

Attorney(s) appearing for the Case

David A. Mazie, Livingston, for plaintiff-appellant (Nagel Rice & Dreifuss, attorneys; Mr. Mazie, on the brief).

Jamie D. Happas, New Brunswick, for defendant-respondent (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Happas, on the brief).

Before Judges BAIME, BROCHIN and WEFING.

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

Jaime Skierski sustained injuries when she was assaulted by other students while a passenger on a school bus owned and operated by Irving Raphael, Inc. (Raphael). Through her guardian, she brought suit against Raphael, claiming that the driver was negligent in failing to stop the bus and quell the altercation. Raphael notified Home State Insurance Company (Home State), its automobile insurer, and Continental...

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