POTENZONE v. ANNIN FLAG CO.


922 A.2d 745 (2007)

191 N.J. 147

Gary POTENZONE, Plaintiff, v. ANNIN FLAG COMPANY and Le Tran, Defendants and Third-Party Plaintiffs-Appellants, v. Pennsylvania National Mutual Casualty Insurance Company, Third-Party Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 6, 2007.


Attorney(s) appearing for the Case

Joseph J. Michalowsk, Madison, argued the cause for appellants (Chase Kurshan Herzfeld & Rubin, attorneys, Livingston).

Kenneth M. Portner, Philadelphia, PA, argued the cause for respondent (Weber Gallagher Simpson Stapleton Fires & Newby, attorneys).


Justice WALLACE, JR., delivered the opinion of the Court.

In this appeal, we must determine whether the amount of insurance coverage available in a commercial automobile policy, in which the exclusion for loading and unloading activities was void as contrary to the omnibus automobile statute, is the statutory minimum or the policy limit. The trial court found that the full policy limit applied. On appeal, relying on our decision...

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