DI ORIO v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY


79 N.J. 257 (1979)

398 A.2d 1274

GENEROSO J. DI ORIO AND GENNARO DI ORIO, PLAINTIFFS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND MIKE & JOE'S TEXACO STATION, DEFENDANTS, AND JOHN PALMER, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF JOHN LEIGH PALMER, AN INFANT, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 5, 1979.


Attorney(s) appearing for the Case

Mr. E. Barry Kline argued the cause for defendants-appellants (Messrs. Kline, Kline & Canfield, attorneys; Mr. Kline, of counsel; Mr. Michael R. Canfield, on the brief).

Mr. Richard D. Catenacci argued the cause for defendant-respondent (Messrs. McElroy, Connell, Foley & Geiser, attorneys; Mr. Catenacci, of counsel and on the brief).


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

I

This declaratory judgment action was instituted to determine the scope of coverage under a standard family automobile policy of insurance. The controversy derived from a one-vehicle accident of May 1, 1968. The automobile involved was a 1956 DeSoto owned by Mike & Joe's Texaco Station, a service station business in which plaintiff Generoso DiOrio was one...

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