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IORIO EX REL. IORIO v. SIMONE

773 A.2d 722 (2001)

340 N.J. Super. 19

Ralph V. IORIO, for himself and as guardian ad litem of Vincent IORIO, a minor, Plaintiffs, v. James SIMONE and John Doe # 1-15 (fictitious) individually, jointly, severally and/or in the alternative, Defendants. Aetna Casualty & Surety Company and Travelers Property & Casualty Company, Plaintiffs-Respondents, v. James Simone, Debra Simone, James Simone, Jr., an infant by his parents, James and Debra Simone, Defendants-Appellants, and Vincent Iorio, an infant by his guardian ad litem, Ralph Iorio, and Ralph Iorio, Individually, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 2001.

Attorney(s) appearing for the Case

Kevin Haverty, Haddonfield, argued the cause for appellants (Andres & Berger, attorneys; Mr. Haverty, on the brief).

Michael B. Oropollo, New Brunswick, for respondents (Harwood Lloyd, attorneys; Jonathan Bubrow, on the brief).

Before Judges KING, COBURN and LEFELT.

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

This is an appeal from a judgment denying liability coverage and a defense to an insured, James Simone, Sr., under a homeowner's policy for a claim arising from an accident occurring off the insured's premises involving the insured's motorized gocart. The circumstances resulting in the accident commenced on the apron of the insured's driveway and ended when the gocart left the traveled portion of the roadway...

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