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SELECTED RISKS INSURANCE CO. v. ZULLO

48 N.J. Super. 362 (1966)

SELECTED RISKS INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ALBERT ZULLO, ADMINISTRATOR, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Supreme Court of New Jersey.

Decided December 23, 1966.

Attorney(s) appearing for the Case

Mr. George Y. Schoch argued the cause for the plaintiff-appellant.

Mr. Arthur W. Burgess argued the cause for defendant-respondent, Albert Zullo, Administrator, etc. (Messrs. Toolan, Haney & Romond, attorneys; Mr. John E. Toolan, of counsel).

Mr. Bernard H. Weiser argued the cause for defendant-respondent, Richard Yuhas.

Mr. Thomas F. Shebell, Jr. argued the cause for defendant-respondent, John Palladino, Jr. (Mr. Thomas F. Shebell, attorney).

Mr. Theodore Labrecque, Jr. argued the cause for defendants-respondents, Richard Keeter, et al. (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. George N. Arvanitis argued the cause for the Unsatisfied Claim and Judgment Fund of the State of New Jersey (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

The opinion of the court was delivered by PROCTOR, J.

This case concerns coverage under the omnibus clause of two automobile liability insurance policies issued by plaintiff, Selected Risks Insurance Company.

At the trial in the Law Division of plaintiff's suit for declaratory judgment, counsel for the plaintiff made an opening statement to the jury asserting that defendant Richard Keeter, the driver of an automobile involved in an accident, was not a person...

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