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GIBSON v. CALLAGHAN

730 A.2d 1278 (1999)

158 N.J. 662

Dorothy P. GIBSON and John A. Gibson, her husband, Plaintiffs-Appellants, v. Marcella CALLAGHAN, Defendant and Third Party Plaintiff-Appellant, v. County of Essex, a body politic of the State of New Jersey, Defendant and Third Party Defendant, v. Allstate Insurance Company, a foreign corporation registered to conduct business in the State of New Jersey, Third Party Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 8, 1999.

Attorney(s) appearing for the Case

Stephen J. McCurrie, Kearny, for defendant and third party plaintiff-appellant Marcella Callaghan (McCurrie McCurrie & McCurrie, attorneys).

William J. O'Day, Florham Park, for plaintiffs-appellants Dorothy P. Gibson and John A. Gibson (Hack, Piro, O'Day, Merklinger, Wallace & McKenna, attorneys).

John P. McGee, Short Hills, for third party defendant-respondent (McDermott & McGee, attorneys).

The opinion of the Court was delivered by STEIN, J.

This appeal requires us to interpret a clause in a homeowners' liability insurance policy that provides a defense and indemnification to relatives of the named insured who are residents of the named insured's household. The dispute arises from the fact that the named insured and the relative seeking coverage do not reside together, nor did they ever reside together. The insured, an elderly woman, moved out of the...

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