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MARYLAND CASUALTY CO. v. HEARN

46 N.J. Super. 482 (1957)

135 A.2d 28

MARYLAND CASUALTY COMPANY, A CORPORATION OF THE STATE OF MARYLAND, PLAINTIFF-APPELLANT, v. JOHN HEARN, JR., BY HIS FATHER AND GUARDIAN AD LITEM, JOHN HEARN; AND JOHN HEARN, IN HIS OWN RIGHT; ROBERT NASH; ANNA MAY LIPSCOMB AND WILLIAM J. KEYSER, TRADING AS PACKAGE FREIGHT EXPRESS; RONAN RENTAL CORPORATION, A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA; AND EUREKA CASUALTY COMPANY, A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1957.

Attorney(s) appearing for the Case

Mr. Sidney P. McCord, Jr., argued the cause for plaintiff-appellant (Messrs. Starr, Summerill & Davis, attorneys).

Mr. H. Hurlburt Tomlin argued the cause for defendants-respondents (Mr. Alex. P. Schuenemann, 3rd, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by CONFORD, J.A.D.

The instant controversy concerns the construction of an exclusionary clause of an automobile liability insurance policy. It grows out of the following facts.

John Hearn, Jr., a minor, was injured when his bicycle was in collision with a truck owned by Ronan Rental Corporation ("Ronan," hereinafter) on August 18, 1953, in Camden, New Jersey. At the time the truck was being operated by Package Freight...

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