KEARNY v. CHEMICAL LEAMAN LINES CO.


122 N.J. Super. 438 (1973)

300 A.2d 611

MARTIN KEARNY, AN INFANT BY HIS GUARDIAN AD LITEM, WILLIAM KEARNY AND WILLIAM KEARNY, INDIVIDUALLY, PLAINTIFFS, v. CHEMICAL LEAMAN LINES CO., INC., AND RONALD M. HEYMANN, DIRECTOR OF THE DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 26, 1973.


Attorney(s) appearing for the Case

Mr. J. Lance Lintner for plaintiffs (Messrs. Graham, Yurasko, Golden & Lintner, attorneys).

Mr. Michael B. Oropollo for defendant Chemical Leaman Lines Co., Inc. (Messrs. Cohen, Hoagland, Cohen & Keefe, attorneys).

Mr. Philip Blacher for the Director.


GEROFSKY, A.J.S.C.

This case arises out of an automobile accident in which plaintiff Martin Kearny, an infant, was injured while operating a vehicle owned by his father. The facts are not in dispute and bring before the court a legal issue which is novel to this jurisdiction. The legal issue to be decided is: Can an insurer, having voluntarily made payment to its insured under an Uninsured Motorist Endorsement, bring suit against the owner of an insured motor vehicle...

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