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MANN v. INTERSTATE FIRE & CAS. CO.

307 N.J. Super. 587 (1998)

HAROLD RAYMOND MANN AND REGIONAL TRUCKING COMPANY, INC., PLAINTIFFS-APPELLANTS, v. INTERSTATE FIRE & CASUALTY COMPANY, DEFENDANT-RESPONDENT, AND SCIARRA INSURANCE AGENCY, INC., MCCONAGHY SPECIAL RISKS, INC., AND DOROTHY KISAL, ADMINISTRATOR AD PROSEQUENDUM AND GENERAL ADMINISTRATOR OF THE ESTATE OF GUY KISAL, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1998.

Attorney(s) appearing for the Case

Francis X. Garrity, argued the cause for appellants (Garrity, Graham, Favetta & Flinn, attorneys; Mr. Garrity, of counsel; Jo Ann Katzban, on the brief).

Richard D. Picini, argued the cause for respondent (Picillo Caruso, attorneys; Mr. Picini, of counsel; Adrienne Matthews, on the brief).

Before Judges STERN, KLEINER and KIMMELMAN.

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

Upon leave to appeal, plaintiffs, Harold Raymond Mann and Regional Trucking Company, Inc. (Regional), appeal from the grant of summary judgment to defendant, Interstate Fire & Casualty Company (Interstate), in a declaratory judgment action seeking indemnification and a defense in a wrongful death action. We conclude that the motion judge failed to properly consider the issues of dual agency and apparent...

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