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HOMESITE INS. CO. v. HINDMAN

No. A-5103-08T1

992 A.2d 804 (2010)

413 N.J. Super. 41

HOMESITE INSURANCE COMPANY, Plaintiff-Appellant, v. Susan HINDMAN and (Interested Parties) Mary Romano and John Romano, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 2010.

Attorney(s) appearing for the Case

Marks, O'Neill, O'Brien & Courtney, P.C., Pennsauken, attorneys for appellant (Sean X. Kelly and Melissa J. Brown, on the briefs).

Stein & Supsie, Forked River, attorneys for respondent Susan Hindman (Angela M. Koutsouris and Christopher Leddy, on the brief). Respondents Mary Romano and John Romano have not filed a brief.

Before Judges LISA, BAXTER and ALVAREZ.

The opinion of the court was delivered by

LISA, P.J.A.D.

The issue in this case is whether either the business or rental exclusions in a homeowner's policy issued by appellant Homesite Insurance Company (Homesite) defeat coverage for the insured homeowner, defendant Susan Hindman. On cross-motions for summary judgment in Homesite's declaratory judgment action, the trial court found that neither exclusion applied and accordingly granted Hindman's motion and...

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