HARLEYSVILLE INS. COMPANIES v. GARITTA


785 A.2d 913 (2001)

170 N.J. 223

HARLEYSVILLE INSURANCE COMPANIES, Plaintiff-Appellant, v. David GARITTA, Stephen Garitta and Joseph Licata, Defendants, and Albert C. Sabatelli, III, Administrator Ad Prosequendum and General Administrator of the Estate of Albert C. Sabatelli, IV, Deceased, Mildred M. Rafferty and Kristy Marie Ferrizzi, Defendants-Respondents.

Supreme Court of New Jersey.

Decided December 17, 2001.


Attorney(s) appearing for the Case

Betsy G. Liebman argued the cause for appellant (Capehart & Scatchard, Mt. Laurel, attorneys).

James F. Zaccaria argued the cause for respondents (Morrison & Trimble, attorneys; William E. Reynolds, on the letter in lieu of brief).


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

This is a declaratory judgment action. Plaintiff insurer seeks a declaration that the homeowner's policy purchased by the insured does not provide liability coverage for certain conduct of the insured's son, also an insured person under the policy. Specifically, the son stabbed a third party during an altercation on the insured premises, and the victim died. The trial court granted summary judgment in favor of...

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