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FRENCH v. HERNANDEZ

850 A.2d 585 (2004)

370 N.J. Super. 104

Linda R. FRENCH, Plaintiff-Respondent/Cross-Appellant, v. Enrique HERNANDEZ, John H. Decker, Decker Landscaping, Defendants-Respondents/Cross-Respondents, v. Harleysville Insurance Company, Third-Party Defendant/Appellant/Cross-Respondent, and New Jersey Manufacturers Insurance Company, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 2004.

Attorney(s) appearing for the Case

Celine Vitale argued the cause for third-party defendant/appellant Harleysville Insurance Company (Stephen E. Gertler, Wall, attorney; Kenneth A. Seltzer, Old Bridge, on the brief).

John J. Hopkins, III, Long Branch, argued the cause for respondent/cross-appellant Linda R. French.

Edward Hoagland, Jr., Somerset, argued the cause for respondents/cross-respondents John Decker and Decker Landscaping.

Respondent/cross-respondent Enrique Hernandez did not file a brief.

Patricia M. Reilly argued the cause for intervenor-respondent New Jersey Manufacturers Insurance Company (Wolff, Helies, Duggan, Spaeth & Lucas, attorneys; John Peter Duggan, Red Bank, of counsel; Ms. Reilly, on the brief).

Before Judges LINTNER, LISA and S.L. REISNER.

The opinion of the court was delivered by

LISA, J.A.D.

This appeal requires a determination of whether the driver of a vehicle, Enrique Hernandez, was a permissive user and thus covered by the insurance policy issued to the vehicle's owner, John H. Decker. Decker conducted a landscaping business and Hernandez was his employee. The vehicle operated by Hernandez was a pickup truck customarily used in the business. Hernandez...

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