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CERULLO v. ALLSTATE INS. CO.

236 N.J. Super. 372 (1989)

565 A.2d 1125

FRANCO A. CERULLO, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1989.

Attorney(s) appearing for the Case

John Haschak, III, argued the cause for appellant (Leary, Bride, Tinker & Moran, attorneys).

Donald D. Campbell argued the cause for respondent.

Before Judges GAULKIN, DREIER and D'ANNUNZIO.

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

Defendant, Allstate Insurance Company, appeals from a summary judgment that its uninsured motorist coverage (UM) applies to an intentional assault upon the plaintiff, its insured, perpetrated by a passenger in an unidentified automobile.

The material facts are not in dispute. On September 26, 1987, plaintiff was operating his automobile. He moved from

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