MALOUF EX REL. LONIEWSKI v. AETNA CAS. AND SUR. CO.


275 N.J. Super. 23 (1994)

645 A.2d 155

PETER G. MALOUF AND MALOUF'S DRIVING SCHOOL, PLAINTIFFS, AND KAREN LONIEWSKI, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR JASON LONIEWSKI AND TARA LONIEWSKI, INFANTS, PLAINTIFFS-INTERVENORS-RESPONDENTS, v. THE AETNA CASUALTY AND SURETY COMPANY, DEFENDANT, AND THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, BY AND THROUGH ITS SERVICING CARRIER, THE HANOVER INSURANCE COMPANY AND THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, BY AND THROUGH ITS SERVICING CARRIER, THE STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANTS-APPELLANTS, AND THE ALLSTATE INSURANCE COMPANY, DEFENDANT-THIRD-PARTY-PLAINTIFF, v. RANDY LONIEWSKI, THIRD-PARTY-DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1994.


Attorney(s) appearing for the Case

Stephen J. Foley, Jr. argued the cause for appellant NJAFIUA by and through its servicing carrier, State Farm Mut. Automobile Ins. Co. (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Mr. Foley, on the brief).

Mark S. Hochman argued the cause for appellant NJAFIUA by and through its servicing carrier, Hanover Ins. Co. (Gertler & Hanna, attorneys; Mr. Hochman, on the brief).

John E. Keefe, Jr. argued the cause for respondents Karen, Jason and Tara Loniewski (Wilentz, Goldman & Spitzer, attorneys; Morris Brown, of counsel; Andrea I. Bazer and Mr. Keefe, on the brief).

James J. Dunn argued the cause for respondent Randy Loniewski (Levinson, Axelrod, Wheaton & Grayzel, attorneys).

Before Judges MICHELS, SKILLMAN and KESTIN.


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

This appeal requires us to construe provisions in two automobile liability insurance policies which exclude from coverage any accident involving an automobile other than the "covered auto" which is "furnished or available for [the insured's] regular use."

Peter G. Malouf (Malouf) owned four automobiles for his personal use and that of his family. Two...

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