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Einwechter v. Marciano

May 18, 1998

MICHAEL EINWECHTER AND WANDA EINWECHTER, HIS WIFE, PLAINTIFFS-RESPONDENTS,
v.
LOUISE J. MARCIANO AND STEVEN R. HAMMELL, DEFENDANTS, AND HURON INSURANCE COMPANY, A MEMBER OF THE HARLEYSVILLE INSURANCE COMPANIES, AND HARLEYSVILLE INSURANCE COMPANIES, DEFENDANTS/THIRD-PARTY PLAINTIFFS- APPELLANTS, AND STEVEN WARRINER, PLAINTIFF-RESPONDENT,
v.
LOUISE J. MARCIANO AND STEVEN R. HAMMELL, DEFENDANTS, AND HURON INSURANCE COMPANY, A MEMBER OF THE HARLEYSVILLE INSURANCE COMPANIES, AND HARLEYSVILLE INSURANCE COMPANIES, DEFENDANTS/THIRD-PARTY PLAINTIFFS- APPELLANTS,
v.
PENNSYLVANIA NATIONAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT, AND STEVEN R. HAMMELL, PLAINTIFF,
v.
LOUISE J. MARCIANO, DEFENDANT.



Before Judges Baime, Brochin and Braithwaite

The opinion of the court was delivered by: Per Curiam

[9]    Argued April 1, 1998

On appeal from the Superior Court of New Jersey, Law Division, Atlantic County

On December 6, 1994, at about 8:00 a.m., plaintiffs Michael Einwechter and Steven Warriner were riding in a van driven by defendant Steven R. Hammell and owned by Warriner Construction Company ("Construction Company"). The van was traveling south on the Garden State Parkway. A car driven by defendant Louise J. Marciano, traveling north on the Parkway, crossed the median and collided with Construction Company's van, injuring Hammell, Einwechter, Warriner, and Marciano.

Einwechter, Warriner, and Hammell were employees of Construction Company and were in the course of their employment at the time of the accident.

Marciano was insured under an automobile liability policy issued by Allstate Insurance Company with policy limits of $50,000 per person and $100,000 per accident. Allstate acknowledged Marciano's liability and tendered the limits of her policy to settle the claims against her.

Construction Company's van was covered by a business automobile insurance policy issued by The Harleysville Insurance Companies. The Harleysville policy had UM/UIM limits of $1,000,000. The New Jersey UM/UIM endorsements of the Harleysville policy define an insured in part as:

3. Anyone else "occupying" a covered "auto" or atemporary substitute for a covered "auto.". . .

4. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured."

The "Other Insurance" condition of the "Business Auto Conditions" section of the Harleysville policy provides that:

a. For any covered "auto" you own, this Coverage Form provides primary insurance. . . .

"You" and "your" are defined to mean an insured named on the declarations page. Construction Company is a named insured. Hammell, Einwechter, and Steven Warriner are not.

Steven Warriner was insured under a Pennsylvania National Insurance Company ("Penn") policy insuring an automobile which he owned. That policy had UM/UIM policy limits of $300,000. The "Other Insurance" section in the ...


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