SCIASCIA v. AMERICAN INS. CO.


183 N.J. Super. 352 (1982)

443 A.2d 1118

ANTHONY J. SCIASCIA, SR., AS ADMINISTRATOR FOR THE HEIRS AT LAW OF ANTHONY J. SCIASCIA, JR., DECEASED, AND AS ADMINISTRATOR OF THE ESTATE OF ANTHONY J. SCIASCIA, JR., DECEASED, AND INDIVIDUALLY, PLAINTIFF, v. THE AMERICAN INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. THE NEWARK INSURANCE COMPANY (IMPROPERLY PLEADED AS ROYAL GLOBE INSURANCE COMPANIES), THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Morris County.

Decided February 2, 1982.


Attorney(s) appearing for the Case

John R. Lanza for plaintiff (Winget, Keating, Thatcher & Lanza, attorneys; John R. Lanza on the brief).

Kevin A. Couch for defendant and third-party plaintiff (O'Donnell, McCord & Leslie, attorneys; John J. O'Donnell on the brief).

Robert W. Nevins, Jr., for third-party defendant (Haggerty & Donohue, attorneys).


STEIN, J.S.C.

Plaintiff's summary judgment motion presents a novel question concerning the extent of uninsured motorist (UM) coverage. Here such coverage is sought for an intentional act — the deliberate firing of a shotgun by a passenger in a then moving automobile of an uninsured owner-operator. One of these shots struck and killed the insured.

The essential facts are not in dispute. On the evening of May 12, 1977 decedent and a female companion drove...

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