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COMMERCIAL INS. CO. v. STEIGER

928 A.2d 126 (2007)

395 N.J. Super. 109

COMMERCIAL INSURANCE COMPANY OF NEWARK, Plaintiff-Appellant, v. Mary STEIGER, Individually and as Executrix of the Estate of David Steiger and Michael G. Natoli, Defendants-Respondents, and Peerless Insurance Co. and Saab Scancia, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2007.

Attorney(s) appearing for the Case

Jerald Howarth, Parsippany, argued the cause for appellant (Hahn & Howarth, attorneys; Mr. Howarth, on the brief).

Dennis G. Polizzi, Clifton, argued the cause for respondent Mary Steiger (Weiner, Ryan & Mazzei, attorneys; Mr. Polizzi, of counsel and on the brief).

Richard W. Gaeckle, New Brunswick, argued the cause for respondent Michael G. Natoli (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Andrew J. Carlowicz, Jr., of counsel; Louis A. Uccello and Craig M. Aronow, on the brief).

Before Judges A.A. RODRÍGUEZ, SABATINO and LYONS.

The opinion of the court was delivered by

A.A. RODRÍGUEZ, P.J.A.D.

This is an appeal brought by an insurer for a declaratory judgment. Three lawsuits arose from one fatal automobile accident. Discussion of the three lawsuits, as well as the facts, is necessary for an understanding of the issues on appeal.

Early in the morning on July 22, 1996, decedent, David P. Steiger, was involved in a one-car accident...

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