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Garden State Indemnity Co. v. Miller Pincus

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 3, 2001

This declaratory judgment coverage action arises out of a legal malpractice claim made in the underlying case by Linda Smalley against defendant Miller & Pincus, P.A., and three of its lawyers, Charles Miller, Marvin Pincus, and Marc Brenner (M&P). Plaintiff Garden State Indemnity Company, defendants’ malpractice carrier, commenced this action seeking a declaration that the personal injury that Smalley allegedly sustained arising out of M&P’s malpractice was outside the scope of the coverage. Plaintiff also alleged that it was relieved of obligation under the policy by reason of defendants’ untruthful answer to a question asked in the application. On motion and cross-motion for summary judgment, the trial judge accepted plaintiff’s non-coverage position and entered summary judgment dismissing the complaint. Defendants appeal, and we reverse. We conclude that ambiguities in the policy mandate the coverage defendants seek.

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