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FERNANDEZ v. SELECTED RISKS INSURANCE COMPANY

82 N.J. 236 (1980)

412 A.2d 755

PAULINA FERNANDEZ, JOSE FERNANDEZ AND EUGENIO BEROVIDES, PLAINTIFFS-RESPONDENTS, v. SELECTED RISKS INSURANCE COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Douglas S. Brierley argued the cause for the appellant (Schenck, Price, Smith and King, attorneys).

Bruce R. Fadem argued the cause for the respondents (Fadem and Liberman, attorneys).

The opinion of the Court was delivered by HANDLER, J.

This case raises once again the validity of an owned-but-uninsured exclusion clause contained in the endorsement for uninsured motorist (UM) coverage provided in an automobile insurance policy written in this State. The exclusion clause is sought to be applied to deny coverage to the named insureds, who were riding in an uninsured vehicle when injured, on the grounds that the insureds were not then domiciled in...

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