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PENN NAT. INS. CO. v. COSTA

A-36 September Term 2008.

966 A.2d 1028 (2009)

198 N.J. 229

PENN NATIONAL INSURANCE COMPANY, Plaintiff, v. Frank COSTA, Jeanne Costa and CWL Contracting/Franco Leasing, Defendants, and Farmers Insurance Company of Flemington, Defendant and Third-Party-Plaintiff-Respondent, v. Ernest D. Arians, Third-Party Defendant, and The Travelers Indemnity Company as successor in interest by merger to Gulf Insurance Company, Third-Party Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 25, 2009.

Attorney(s) appearing for the Case

John H. Maucher, Cherry Hill, argued the cause for appellant (Mintzer Sarowitz Zeris Ledva & Meyers, attorneys).

Anthony P. Pasquarelli, New Brunswick, argued the cause for respondent (Sweet Pasquarelli, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal presents a conflict in coverage between dueling insurance carriers. A person was injured when he slipped and fell on an icy driveway; his head struck an automobile jack then being used to change a flat tire on a pickup truck. The injured person was not involved with the tire repair, and no claim was made that the repairs were being carried out negligently. He sued for his injuries and the homeowners...

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