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CUMBERLAND MUT. FIRE INS. v. DAHL

827 A.2d 293 (2003)

362 N.J. Super. 91

CUMBERLAND MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. Debra Lynn DAHL, as Administratrix Ad Prosequendum for the heirs at law of Gary Edward Dahl, deceased; and as Administratrix of the Estate of Gary Edward Dahl; and Debra Lynn Dahl, Jayson Dahl and Kristin Dahl, Individually, Defendant-Respondents, and Michael Myers and Stacy M. Myers as Administratrix Ad Litem of the Estate of Michael Myers, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 2003.

Attorney(s) appearing for the Case

Alfred J. Quasti, Jr., Cherry Hill, argued the cause for appellant.

James M. McGovern, Jr., Red Bank, argued the cause for respondents (Lomurro, Davison, Eastman & Munoz, attorneys, Freehold; Mr. McGovern, on the brief).

Before Judges KING, WECKER and LISA.

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

Plaintiff in this declaratory judgment action, Cumberland Mutual Insurance Company (Cumberland), issued a homeowners' policy to Michael Myers (Myers) and Stacy Myers, his wife. The policy was in effect on November 22, 1998 when Myers shot and killed Gary Dahl (Dahl) and then killed himself. Dahl's heirs and estate instituted a wrongful death and survival action against Myers. Cumberland then brought this action...

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