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PRUDENTIAL PROPERTY & CAS. INS. CO. v. BOYLAN

307 N.J. Super. 162 (1998)

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. JAMES BOYLAN, LINDA BOYLAN, RYAN BOYLAN, MINNIE HZ, AN INFANT BY HER PARENTS AND NATURAL GUARDIANS ROGER HZ AND EDNA HZ, AND ROGER HZ AND EDNA HZ, INDIVIDUALLY, DEFENDANTS-RESPONDENTS. MINNIE HZ, AN INFANT BY HER PARENT AND NATURAL GUARDIAN, ROGER HZ, AND ROGER HZ INDIVIDUALLY AND EDNA HZ, PLAINTIFFS, v. JAMES BOYLAN, LINDA BOYLAN AND RYAN BOYLAN DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 1998.

Attorney(s) appearing for the Case

Richard L. Marcickiewicz, argued the cause for appellant (Sears, Sweeney & Marcickiewicz, attorneys; Mr. Marcickiewicz, of counsel and on the brief).

Andrew A. Gioia, argued the cause for respondents Minnie Hz, Roger Hz, and Edna Hz.

David J. Marx, Jr., argued the cause for respondents James and Linda Boylan.

No brief was filed on behalf of respondent Ryan Boylan.

Before Judges PETRELLA, SKILLMAN and EICHEN.

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

Prudential Property and Casualty Insurance Company (Prudential) appeals2 from the denial of its motion for summary judgment which sought a declaration that it was not obligated to indemnify or defend the Boylan defendants under their homeowner's insurance policy against claims asserted by the Hz's that the Boylans' fifteen year...

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