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FARMERS' MUT. INS. CO. v. ALLSTATE INS. CO.

775 A.2d 514 (2001)

341 N.J. Super. 346

FARMERS' MUTUAL INSURANCE COMPANY OF SALEM COUNTY, Plaintiff-Respondent, v. ALLSTATE INSURANCE COMPANY, Defendant-Respondent/ Cross-Appellant, and William Fuse and Claudia Fuse, Defendants-Respondents, and Shirley Michelle Bradley, as natural guardian of Kareemah Johnson, a minor, and Administratrix Ad Prosequendum of Kevin Johnson, Jr., and Kevin H. Johnson, Sr., Defendants-Appellants/ Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2001.

Attorney(s) appearing for the Case

Mark D. Abramson, argued the cause for appellants/cross-respondents (Leyden & Leyden, attorneys, Hackensack; Mr. Abramson, on the brief).

Mauro C. Casci, Leonardo, argued the cause for respondent Farmers Mutual Insurance Company (Vicki A. Shea, Peterson, on the brief).

Francis X. Ryan, Cherry Hill, argued the cause for respondent/cross-appellant Allstate Insurance Company (Green, Lundgren & Ryan, attorneys; Mr. Ryan, on the brief).

Respondents William Fuse and Claudia Fuse did not file a brief.

Before Judges SKILLMAN, CONLEY and LESEMANN.

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

The issue presented by this appeal is whether the owners of a boat are provided insurance coverage under their homeowners policy or their watercraft liability policy for a swimming accident involving passengers on the boat that occurred while the boat was grounded on a sandbar in the middle of a river.

On August 3, 1996, defendants William and Claudia Fuse went on a boating trip in the Salem River...

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