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HOPKINS v. LIBERTY MUTUAL INSURANCE COMPANY

156 N.J. Super. 72 (1978)

383 A.2d 458

ROY ALLEN HOPKINS, PLAINTIFF-RESPONDENT, CROSS-APPELLANT v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1978.

Attorney(s) appearing for the Case

Mr. Robert J. Partlow argued the cause for appellant (Messrs. Parker, McCay & Criscuolo, attorneys; Mr. Richard E. Gehret, on the brief).

Mr. J. Llewellyn Mathews argued the cause for respondent (Messrs. Apell, Forman and Howard, attorneys).

Before Judges ALLCORN, MORGAN and HORN.

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

Defendant Liberty Mutual Insurance Company (hereinafter "Liberty"), appeals from summary judgment in favor of plaintiff,1 holding plaintiff's injuries to have been sustained in circumstances entitling him to coverage under the no-fault provision of its policy.

The facts material to the issues presented are without dispute. On May 18, 1976 plaintiff was injured while attempting...

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