HIGH POINT INS. CO. v. J.M.


942 A.2d 804 (2008)

398 N.J. Super. 562

HIGH POINT INSURANCE COMPANY (formerly known as Prudential Property and Casualty Insurance Company of New Jersey), Plaintiff-Respondent, v. J.M. (a minor), K.M. (a minor) by their G/A/L G.M. and C.M., G.M. and C.M. Individually, and George Van Dyke, Defendants-Appellants, and Sheryl Van Dyke, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 2008.


Attorney(s) appearing for the Case

Stephen T. Sullivan, Jr., argued the cause for appellants (Keefe Bartels, attorneys; Mr. Sullivan and John E. Keefe, Jr., Shrewsbury, on the brief).

Frank Cofone, Jr., argued the cause for respondent (D'Amico & Cofone, attorneys; Mr. Cofone, New Brunswick, on the brief).

Before Judges STERN, C.S. FISHER and C.L. MINIMAN.


The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiff, High Point Insurance Company, commenced this action seeking a declaration that it was not obligated to provide a defense or indemnification under a homeowner's policy in a personal injury action filed against its insureds, Sheryl and George Van Dyke. Sheryl was charged with sexual abuse of a minor and her husband, George, was charged with not having prevented it.1

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