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HODGE v. GARRETT

263 N.J. Super. 278 (1993)

622 A.2d 930

VALJEAN HODGE, PLAINTIFF-APPELLANT, v. E. WYMAN GARRETT, M.D., DEFENDANT, AND PRINCETON INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Carol L. Forte argued the cause for appellant (Blume, Vazquez, Goldfaden, Berkowitz & Donnelly, attorneys; Ms. Forte on the brief).

George J. Kenny argued the cause for respondent Princeton Insurance Company (Connell, Foley & Geiser, attorneys; Mr. Kenny of counsel; Ernest W. Schoellkopff on the brief).

Before Judges GAULKIN, HAVEY and STERN.

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

Plaintiff was injured during an abortion performed by Dr. E. Wyman Garrett on January 25, 1985, while defendant Princeton Insurance Company's (PIC) policy was in force. No claim was made until after the policy term ended and the policy was canceled for non-payment of premium. Plaintiff claims that, as a matter of law, the policy was an "occurrence" policy so that...

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