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Stricklen v. Ferruggia

No. A-4851-03T2.

878 A.2d 1 (2005)

379 N.J. Super. 296

Toshiba A. STRICKLEN, Plaintiff-Appellant, v. Ermanno FERRUGGIA, Defendant-Respondent, and State Farm Insurance Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 2005.

Attorney(s) appearing for the Case

James C. Mescall, West Orange, argued the cause for appellant (Mescall & Acosta, attorneys; Mr. Mescall, on the brief).

Michael J. Leegan argued the cause for respondent (Hack, Piro, O'Day, Merklinger, Wallace & McKenna, attorneys; Mr. Leegan and Susan Gajarsky, on the brief).

Before Judges NEWMAN, AXELRAD and LANDAU.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

In this appeal, we are faced with the novel issue of whether an injured co-owner of an automobile involved in an accident, who is an "additional driver" but not a "named insured" on the policy, and who is not a member of the named insured's household under the statutory definition, is bound by the election of the verbal threshold option by her co-owner who was the only owner...

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