FOSS v. CIGNARELLA


196 N.J. Super. 378 (1984)

482 A.2d 954

ARTHUR FOSS & ELEANOR FOSS, H/W, PLAINTIFFS, v. ANTHONY MICHAEL CIGNARELLA AND ESTATE OF ANTHONY MICHAEL CIGNARELLA, DEFENDANTS. ARTHUR FOSS & ELEANOR FOSS, PLAINTIFFS, v. NEW CHINA ROYAL, INC., A N.J. CORP., THE TRAVELERS INDEMNITY CO., A CONN. CORP., ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided July 12, 1984.


Attorney(s) appearing for the Case

James R. Gregory for plaintiffs (Maraziti, Kalish & Gregory, attorneys).

James E. Trabilsy for defendants Cignarella (Wilentz, Goldman & Spitzer, attorneys).

Eugene Smith for defendant The Travelers Indemnity Co. (Farabaugh & Frieland, attorneys; James H. Garrabrandt on the brief).

Marvin S. Lieberman, for defendant Prudential (Lieberman, Ryan, Richardson, Welaj & Miller, attorneys).

George M. Fieldman for defendant New China Royal (Weiner, Ostrager, Fieldman & Zucker, attorneys).


GAYNOR, J.S.C.

This case presents a novel factual basis for a claim against an insurer for injuries inflicted by the operator of the insured vehicle. In our opinion, the coverage afforded by the automobile policy does not extend to the incident resulting in injury to plaintiff.

Defendant, Travelers Indemnity Company (Travelers), moves for summary judgment dismissing the complaint and cross-claims in these consolidated...

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