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PROGRESSIVE CAS. INS. CO. v. HANNA

719 A.2d 683 (1998)

316 N.J. Super. 63

PROGRESSIVE CASUALTY INSURANCE COMPANY, Plaintiff-Respondent, v. Thaer K. HANNA and or Thaer Saliba, Defendant-Appellant, and Robert Mikolski and Patricia Mikolski, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1998.

Attorney(s) appearing for the Case

M. Fred Gernand, New Brunswick, for defendant-appellant.

Thomas J. Decker, Millburn, for plaintiff-respondent (Schechner & Decker, attorneys; Mr. Decker, on the brief).

Before Judges PRESSLER, BROCHIN and KLEINER.

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

Defendant Thaer K. Hanna and/or Thaer Saliba ("Hanna") appeals from the grant of summary judgment to plaintiff, Progressive Casualty Insurance Company ("Progressive") in its declaratory judgment action which sought to void ab initio a commercial comprehensive liability insurance policy, wherein Hanna was the named insured.1

The underlying facts raise an issue of first...

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