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RUTGERS CAS. INS. CO. v. COLLINS

712 A.2d 709 (1998)

313 N.J. Super. 79

RUTGERS CASUALTY INSURANCE COMPANY, Plaintiff, v. Joseph E. COLLINS, Defendant. Edward G. IOVINO, as Administrator ad Prosequendum of the Estate of Rhonda Collins, Deceased, Plaintiff-Appellant, v. RUTGERS CASUALTY INSURANCE CO., Joseph E. Collins, and James Spataro, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1998.

Attorney(s) appearing for the Case

James M. Nardelli, Red Bank, for plaintiff-appellant Edward G. Iovino (Parsons, Cappiello & Nardelli, attorneys; Mr. Nardelli, on the brief).

Mitchell S. Rosenzweig, Cherry Hill, for defendant-respondent Rutgers Casualty Insurance Co. (Bruce M. Resnick, attorney; Mr. Rosenzweig, on the brief).

Judith Moore, Lumberton, for defendant-respondent Joseph Collins (King, Kitrick, Jackson & Troncone, attorneys); (James Kane Record, on the brief).

Edward H. Lee, Springfield, for defendant-respondent James Spataro (Pitman, Pitman & Mindas, attorneys; Stephanie O. Joy, on the brief).

Before Judges D'ANNUNZIO, A.A. RODRIGUEZ and COBURN.

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

On April 5, 1993, Joseph Collins was operating a Toyota titled in the name of his stepfather, James Spataro. The car, however, was considered to be Doris Spataro's personal vehicle. Doris is Joseph's mother and James Spataro's wife. At that time, Joseph's wife, Rhonda, was a passenger in the Toyota. Joseph was drunk and was involved in an accident which killed Rhonda. Joseph was convicted of vehicular homicide...

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