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PRIEST v. RONCONE

851 A.2d 751 (2004)

370 N.J. Super. 537

Christine PRIEST, Administratrix Ad Prosequendum and General Administratrix of the Estate of Chentele Stenger, Christine Priest, Individually, Donald Stenger, Administrator Ad Prosequendum, and Donald Stenger, Individually, Plaintiffs-Respondents, v. Matthew RONCONE, Defendant/Third-Party Plaintiff-Respondent, v. The Selective Insurance Company of America, Third-Party Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 2004.

Attorney(s) appearing for the Case

Gary S. Kull, Gladstone, argued the cause for appellant Selective Insurance Company of America (Carroll, McNulty & Kull, attorneys; Mr. Kull, and Janice F. Dolan, of counsel and on the brief).

David E. Poplar, Cherry Hill, argued the cause for respondents Christine Priest, Administratrix Ad Prosequendum and General Administratrix of the Estate of Chentele Stenger, Christine Priest, Individually, Donald Stenger, Administrator Ad Prosequendum, and Donald Stenger, Individually (Carl D. Poplar, attorneys; Mr. David Poplar, on the brief).

J. Michael Farrell, attorney for respondent Matthew Roncone, relies on respondents' brief.

Before Judges PETRELLA, COLLESTER and FUENTES.

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

This is a declaratory judgment action brought by Matthew Roncone against Selective Insurance Company (Selective). The trial court granted summary judgment in favor of Roncone, holding that Selective was legally obligated to provide him coverage under his homeowners' policy, in connection with a survival and wrongful death action brought against him by the parents of...

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