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PLANET INS. v. ANGLO AMERICAN INS.

711 A.2d 899 (1998)

312 N.J. Super. 233

PLANET INSURANCE COMPANY, Plaintiff-Appellant, v. ANGLO AMERICAN INSURANCE COMPANY, LTD., Defendant/Third-Party Plaintiff-Respondent, v. INTERNATIONAL MOTOR FREIGHT, INC., Third-Party Defendant. AETNA INSURANCE COMPANY, as Subrogee of Bayway World of Liquors, Third-Party Plaintiff, v. PLANET INSURANCE COMPANY, Anglo American Insurance Company, Ltd., Edward Gentile and Ciro Gentile, and International Motor Freight, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1998.

Attorney(s) appearing for the Case

Richard D. Picini, West Orange, for plaintiff-appellant (Picillo Caruso, attorneys; Adrienne Matthews, on the brief).

Ernest W. Schoellkopff, Roseland, for defendant/third-party plaintiff-respondent, (Connell, Foley & Geiser, attorneys; Kevin J. Coakley, of counsel; Mr. Schoellkopff, on the brief).

Before Judges BAIME and BRAITHWAITE.

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

Plaintiff, Planet Insurance Company (Planet), filed a declaratory judgment action seeking a determination that defendant Anglo American Insurance Company (Anglo) was obligated to provide primary liability coverage pursuant to an insurance policy issued to defendant Edward Gentile (Edward) for a motor vehicle accident that occurred on June 20, 1992. Anglo moved for summary judgment asserting,

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