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MESSEC v. USF & G INS. CO.

848 A.2d 36 (2004)

369 N.J. Super. 61

Elizabeth MESSEC and AIU Insurance Company, as subrogee of Elizabeth Messec, Plaintiff-Respondents/Cross-Appellants, v. USF & G INSURANCE COMPANY, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2004.

Attorney(s) appearing for the Case

Nicholas J. Lombardi argued the cause for appellant/cross-respondent USF & G Insurance Company (Harrington and Lombardi, attorneys; Mr. Lombardi on the brief).

Jo Ann Katzban, Montclair, argued the cause for respondents/cross-appellants Elizabeth Messec and AIU Insurance Company, as subrogee of Elizabeth Messec (Garrity, Graham, Favetta & Flinn, attorneys; Ms. Katzban of counsel and on the brief).

Before Judges PRESSLER, ALLEY, and R.B. COLEMAN.

The opinion of the court was delivered by

ALLEY, J.A.D.

USF & G Insurance Company appeals from an August 1, 2003 order by Judge Jared D. Honigfeld which granted summary judgment against USF & G in favor of AIU Insurance Company as subrogee of plaintiff Elizabeth Messec. AIU cross-appeals from the trial court's denial of counsel fees and costs.

Messec was driving a car on July 20, 1997, with the consent of a friend who had his father's permission...

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