SHAW v. CITY OF JERSEY CITY


811 A.2d 404 (2002)

174 N.J. 567

Mark S. SHAW, Plaintiff-Appellant, v. CITY OF JERSEY CITY, a municipal corporation of the State of New Jersey; John Doe A (fictitious name for the driver of the Jeep Cherokee Motor Vehicle), Eliopoulos Konstanti; John Doe B (fictitious name for the driver of the Honda Motor Vehicle); Michele Cascetta; Elizabeth E. Randall, Commissioner of Insurance on behalf of the Unsatisfied Claim and Judgment Fund Board and John Doe C-Z (fictitious names), Defendants, and New Jersey Manufacturers Insurance Company, Defendant-Respondent. New Jersey Manufacturers Insurance Company, Plaintiff-Respondent, v. Mark S. Shaw, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 11, 2002.


Attorney(s) appearing for the Case

John E. Molinari, Chatham, argued the cause for appellant (Blume Goldfaden Berkowitz Donnelly Fried & Forte, attorneys).

Daniel J. Pomeroy, Springfield, argued the cause for respondent (Mortenson and Pomeroy, attorneys; Mr. Pomeroy and Karen E. Heller, on the brief).


The opinion of the Court was delivered by

ZAZZALI, J.

In this appeal we must decide whether a tortfeasor's intentional act may constitute an "accident" within the meaning of New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1. The courts below relied on this Court's dictum in Lindstrom v. Hanover Ins. Co., 138 N.J. 242, 649 A.2d 1272<...

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