PASHA v. ROSEMOUNT MEMORIAL PARK, INC.


781 A.2d 1119 (2001)

344 N.J. Super. 350

Saleem PASHA, Yvonne Coleman, Marvin Coleman, Douglas F. Coleman, and Alimin Pasha, Plaintiffs-Appellants, v. The ROSEMOUNT MEMORIAL PARK, INC., Defendant-Respondent, The Perry Funeral Home, Inc. and John Does 1-5, Fictitious names whose present identities are unknown; and ABC Corporations 1-5, fictitious names whose present identities are unknown, Defendants. Rosemount Memorial Park Association, Defendant-Respondent/Third-Party Plaintiff, v. Pennsylvania Millers Mutual Insurance Company, John A. Rocco Company, Inc., Defendants-Respondents/Third-Party Defendants, Seabord Surety Co., and FJ Wilkes Company, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 2001.


Attorney(s) appearing for the Case

William L. Gold, West Orange, argued the cause for appellant (Bendit Weinstock, attorneys; Mr. Gold, on the brief).

Lane M. Ferdinand, Springfield, argued the cause for respondent/third party defendant Pennsylvania Millers Mutual Insurance Company.

The brief of respondent/third party plaintiff Rosemount Memorial Park Association was suppressed.

The brief of respondent/third party defendant John A. Rocco Company, Inc. was suppressed.

Before Judges BAIME, NEWMAN and FALL.


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

These appeals present questions concerning the extent to which an insurer who declines to defend a claim against its insured is bound by a settlement agreement entered into by its insured and the injured third party. Also at issue are coverage questions pertaining to the insurance policy issued by the insurer. In separate proceedings, the Law Division concluded: ...

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