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Monguso v. Pietrucha

Decided: May 10, 1965.

WILLIAM MONGUSO, AN INFANT BY HIS GUARDIAN AD LITEM ANTHONY MONGUSO AND ANTHONY MONGUSO, INDIVIDUALLY, PLAINTIFFS,
v.
WILLIAM PIETRUCHA, DEFENDANT AND THIRD-PARTY PLAINTIFF, AND JOHN J. RUSH, ADMINISTRATOR AD LITEM OF THE ESTATE OF RICHARD PIETRUCHA, DECEASED, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, V. DAVID BERMAN, THIRD-PARTY DEFENDANT, AND SELECTED RISKS INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT-APPELLANT



Gaulkin, Foley and Collester. The opinion of the court was delivered by Gaulkin, S.j.a.d.

Gaulkin

Selected Risks Insurance Company (Selected) appeals from a judgment holding it liable to John J. Rush as administrator of the estate of Richard Pietrucha, deceased, for counsel fees and other expenses incurred in defending an action brought by the Mongusos.

Selected issued an automobile liability policy to defendant William Pietrucha, the father of Richard. The policy was obtained by William from defendant David Berman through the "Assigned Risk Plan." Berman was not an agent of Selected, but a broker. The parties have stipulated that the policy provisions were as hereafter set forth.

The policy provided:

"The following are insured * * *

(a) With respect to the owned automobile

(1) The named insured and any resident of the same household,

(2) any other person using such automobile, provided the actual use thereof is with the permission of the named insured:

The insurance afforded * * * applies separately to each insured against whom claim is made or suit is brought * * *.

'Named insured' means the individual named in Item I of the declaration and also includes his spouse if a resident of the same household;

'Insured' means a person or organization described under ...


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