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PROFORMANCE INS. CO. v. JONES

887 A.2d 146 (2005)

185 N.J. 406

The PROFORMANCE INSURANCE CO., Plaintiff-Appellant, v. Stacey JONES and Shawn Whelan, Defendants-Respondents, and Adam Rosario, Charmaine Panichi, Auto Advantage, Henry Ward and Hank'S Moving Company, Defendants.

Supreme Court of New Jersey.

Decided December 22, 2005.

Attorney(s) appearing for the Case

Aldo J. Russo, argued the cause for appellant (Russo & Della Badia, attorneys).

Chad A. Rutkowski, Cherry Hill, argued the cause for respondent Stacey Jones (White and Williams, attorneys; Mr. Rutkowski, Noreen P. Kemether and Stephen Trzcinski, Philadelphia, PA, on the brief).

Jeffrey S. Craig, Haddonfield, argued the cause for respondent Shaw Whelan (Kelley, Wardell & Craig, attorneys).

Justice WALLACE delivered the opinion of the Court.

This case implicates the initial permission rule and the business pursuits exclusion of an insured's automobile insurance policy. The question is whether a permissive user is entitled to liability coverage if he or she uses a vehicle in violation of a business pursuits exclusion in the insurance policy and in disregard of the insured's direction not to let anyone else drive the vehicle. We hold that the grant of...

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