MARTUSUS v. TARTAMOSA


150 N.J. 148 (1997)

696 A.2d 1

SUSAN MARTUSUS, ADMINISTRATRIX AD PROSEQUENDUM, AND SUSAN AND ERNEST MARTUSUS, CO-ADMINISTRATORS OF THE ESTATE OF DAVID E. MARTUSUS, DECEASED, PLAINTIFFS-RESPONDENTS, v. THOMAS J. TARTAMOSA, DEFENDANT-RESPONDENT, AND BARBARA L. HEIM, STEPHEN P. SERALE, RENEE C. LIBERONI, JOHN DOES I AND II (FICTITIOUS NAMES OF PERSONS MORE FULLY DESCRIBED HEREIN), JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS, AND GENERAL ACCIDENT INSURANCE COMPANY, DEFENDANT-APPELLANT. RENEE C. LIBERONI, PLAINTIFF, v. THOMAS J. TARTAMOSA, DEFENDANT-RESPONDENT, AND TIMOTHY HEIM, BARBARA L. HEIM, STEPHEN SERALE, JOHN DOE I TO V, JOHN DOE PARTNERSHIPS I TO V, JOHN DOE CORPORATIONS I TO V, INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS. STEPHEN SERALE, PLAINTIFF, v. THOMAS J. TARTAMOSA, DEFENDANT-RESPONDENT, AND TIMOTHY HEIM, BARBARA L. HEIM, JOHN DOE I TO V, JOHN DOE PARTNERSHIPS I TO V, JOHN DOE CORPORATIONS I TO V, INDIVIDUALLY, JOINTLY, SEVERALLY AND/OR IN THE ALTERNATIVE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 9, 1997.


Attorney(s) appearing for the Case

Joseph A. Venuti, Jr., argued the cause for appellant (Swartz, Campbell & Detweiler, attorneys).

G. Wesley Manuel, Jr., argued the cause for respondents Susan Martusus, Administratrix ad Prosequendum, and Susan and Ernest Martusus, Co-Administrators of the Estate of David E. Martusus, Deceased (Montano, Summers, Mullen, Manuel, Owens & Gregorio, attorneys).

Elizabeth A. Dalberth submitted a letter in lieu of a brief on behalf of respondent Thomas J. Tartamosa (Murphy and O'Connor, attorneys).


The opinion of the Court was delivered by COLEMAN, J.

The focus of this appeal is on the scope of permission to use an automobile. The narrow issue is whether the initial permission rule, first enunciated in Matits v. Nationwide Mutual Insurance Co., 33 N.J. 488, 166 A.2d 345 (1960), should be applied to excess catastrophe ("umbrella") policies. The...

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