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SALEM GROUP, FARMERS MUTUAL FIRE INS. CO. v. OLIVER

248 N.J. Super. 265 (1991)

590 A.2d 1194

THE SALEM GROUP, FARMERS MUTUAL FIRE INSURANCE COMPANY, INC., PLAINTIFFS-APPELLANTS, v. CARL OLIVER, DALLAS NEWMAN, THOMAS CIMINO, WHITEHEAD BROTHERS, INC., T/A WHIBCO, INC., MAYS LANDING SAND & GRAVEL, A DIVISION OF VINELAND TRANSIT MIX, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1991.

Attorney(s) appearing for the Case

George G. Rosenberger, Jr., argued the cause for appellants (Butler, Butler, Rosenberger & Farrell, attorneys).

Linda T. Pirolli argued the cause for respondent Carol Oliver (Jacob, Robinson & Ferrigno, attorneys).

Diane M. Vari argued the cause for respondent Dallas Newman (Basile, Testa & Testa, attorneys, Frank G. Basile, of counsel, Richard M. Pescatore, on the brief).

Respondent Mays Landing Sand and Gravel did not participate in the appeal.

No brief filed on behalf of respondent Thomas Cimino.

Before Judges KING, LONG and STERN.

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

This case involves the application of the automobile exclusion contained in the standard homeowner's insurance policy to a situation where the insured is sued for giving alcoholic beverages to a minor. After drinking the alcoholic beverages, the minor claims he suffered severe personal injury while cavorting on the insured's otherwise uninsured all-terrain vehicle (ATV). The issue is whether the insured, under...

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