BD. OF EDUC. OF BOROUGH OF FLORHAM PARK v. UTICA MUT. INS.


798 A.2d 605 (2002)

172 N.J. 300

BOARD OF EDUCATION OF the BOROUGH OF FLORHAM PARK, Plaintiff, v. UTICA MUTUAL INSURANCE COMPANY, Defendant-Respondent, and Selective Insurance Company, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 13, 2002.


Attorney(s) appearing for the Case

Sharon Handrock Moore, Clinton, argued the cause for appellant (Gebhardt & Kiefer, attorneys; Ms. Moore and Arthur D. Fialk, on the briefs).

Francis X. Garrity, Montclair, argued the cause for respondent (Garrity, Graham, Favetta & Flinn, attorneys; Rudolph G. Morabito, of counsel and on the brief).


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

This appeal involves a dispute between two insurance companies over what triggers coverage for criminal defense indemnification expenses under their respective policies for board of education employees. We are required to decide whether it is the filing of criminal charges against an officer or employee of a board of education, or the acquittal or dismissal of the charges...

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